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Class No. _s_ 
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MANUAL 



FOR THE USE OF THE 



BOABD OF STATE CHAEITIES 



OF MASSACHUSETTS: 



CONTAINING THE 



BY-LAWS OF THE BOARD, Etc. 



AND THE 



GENERAL AND SPECIAL STATUTES UNDER WHICH 
ITS AUTHORITY IS EXERCISED. 



Prepared by the Secretary of the Board. 



BOSTON: 

WRIGHT & POTTER, PRINTERS, 79 MILK STREET 
(Corner of Federal.) 

1869. 



- 



K 



A 



PREPA CE 



This Manual has been prepared for the use of the 
Massachusetts Board of State Charities, in com- 
pliance with instructions given to its Secretary. It 
is intended simply to furnish, in a comprehensive 
and practical form, such a codification of the laws 
and rules under which its members exercise their 
powers, as they may desire to consult in their dis- 
charge of the important trusts committed to them. 
Its pages are designed to embrace, by citation or 
reference, all enactments, including those of 1869, 
which confer jurisdiction on the Board, or which, 
in any manner, affect the various interests intrusted 
to its supervision. 

The work might have included much other infor- 
mation relating to the Board and its administration, 
but the scope indicated by its instructions would 
not permit the extension, even were it desirable. 

JULIUS L. CLARKE, 

^Secretary. 
Boston, September, 1869. 



TABLE OF CONTENTS. 



Page. 

Past and present members of the Board, 2 

Organization, Bureaus, etc., 5 

GENERAL AND SPECIAL LAWS, 7-47 

General Statutes, . . . 8-26 

Workhouses and Almshouses, 8 

Settlement of Paupers, 9 

Support of Paupers by Cities and Towns, 11 

Alien Passengers and State Paupers, 12-22 

Board of Alien Commissioners, ....... 12 

Alien Passengers, 14 

State Almshouses and State Paupers, 17 

Maintenance of Bastard Children, . . . . . . . 22 

State Lunatic Hospitals, 26 

Special Laws, . 27-47 

Analytical Index, 27-29 

Powers and Duties of the Board, 27 

Duties of the Secretary, ......... 28 

Duties of the General Agent, 29 

Duties of the Visiting Agent, 29 

Statutes, . 30-47 

Act establishing the Board of State Charities, .... 30 

Alien Passengers, 33 

Care and Support of Lunatics, 34 

Bemoval and Support of State Paupers, ..... 35 

State Workhouse, 36 

State Primary School, 39 

Visiting Agency, 41 

Returns, Records and Reports, 43 

Indians, 46 

Rainsford Island Hospital, 47 

BY-LAWS OF THE BdkRD, 48-50 

APPENDIX, 52-66 

State Industrial School for Girls, 52 

State Reform School for Boys, 5S 

The Massachusetts Nautical School, 61 



MANUAL 



BOARD OF STATE CHARITIES. 



MEMBEES OF THE BOAED. 



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O 



THE BOARD OF STATE CHARITIES. 



The Massachusetts Board of State Charities, 
established under the provisions of chapter two 
hundred and forty of the Acts of eighteen hundred 
and sixty-three, was organized on the seventh of 
October, in the same year. It consists of seven 
members, five of whom are appointed for five 
years, their official terms being so graduated that 
one expires every year. The Secretary and Gen- 
eral Agent, its only salaried members, are 
appointed for three years, and perform their 
duties under the control and direction of the 
Board. 

The authority under which it acts may be 
found in the several statutes following the Ana- 
lytical Index, in this Manual. Its duties are the 
general supervision of the Charitable, Reform- 
atory and Correctional Institutions supported 
wholly, or in part, by the Commonwealth, or the 
several counties thereof, and an investigation into 
their actual condition and results. 

Upon the Secretary and General Agent, the 
chief executive officers of the Board, are imposed 
manifold duties, only a few of which can be indi- 
cated, and that very briefly, in this connection. 
The Secretary undertakes the general duty of 
investigating and reporting the condition of the 
Commonwealth in regard to Pauperism, Crime, 



INTRODUCTION. 

Disease and Insanity ; and is particularly directed 
by the Board to examine Prison and Pauper 
Returns, including those from cities and towns. 
The General Agent possesses the powers and 
performs the duties, (under the direction of the 
Board,) of the former Chairman of Alien Commis- 
sioners, and the Superintendents of Alien Passen- 
gers for the several maritime ports of the 
Commonwealth. 

The business of these two officers of the Board 
is transacted at the following places : that of the 
Secretary, at his office, in the State House ; that 
relating to alien passengers and the removal of 
paupers, at No. 59 Long Wharf; and the other 
business of the General Agent, at his office, in the 
State House. 

There is also in connection with the Board, a 
Visiting Agent, whose duty is to superintend the 
disposal and protect the rights and interests of 
children maintained wholly, or partially, by the 
Commonwealth ; or who have been indentured, 
given in adoption, or placed in charge of any 
family or person, by the authorities of any State 
Institution. This officer is appointed for one 
year, as provided by chapter four hundred and 
fifty-three of the Acts of eighteen hundred and 
sixty-nine, and performs his duties under the 
supervision of the Board. 

A Bureau for the investigation and settlement 
of claims for the support and burial of State 
paupers by cities and towns, is in charge of an 
officer appointed by the Board, in accordance 
with chapter twelve of the Acts of eighteen 
liundred and sixty-nine. 



INTRODUCTION-. 



GENERAL AND SPECIAL LAWS. 



The following Digest of the General and Spe- 
cial Laws relating to the several Departments of 
Charity, Reform and Correction supervised by 
the Board of State Charities, includes only such 
Acts and parts of Acts as are now in force, or 
necessary, if repealed, to indicate and explain the 
jurisdiction transferred or re-delegated under the 
provisions of subsequent legislation. 

The Statutes upon which the organic law estab- 
lishing the Board of State Charities is based, are 
first cited in their chronological order; and all 
subsequent Acts pertaining to its powers and 
duties are afterwards given, the latter being so 
classified and indexed as to combine, as far as 
possible, in their proper connection, all provisions 
affecting the particular branches of public ser- 
vice over which the Board exercises supervisory 
power; while to the whole are appended such 
marginal and other references as seem to be 
required. 

The Acts referred to at the bottom of the pages 
upon which the Analytical Index is printed, will 
be found upon the succeeding pages of this 
Manual, as there cited. 

The Appendix, at the end of the Manual, in- 
cludes some additional Acts and references which 
the Board may desire to consult, in connection 
with those in which their official duties are di- 
rectly set forth. 



WORKHOUSES AND ALMSHOUSES. 



WORKHOUSES AND ALMSHOUSES. 



Cities and 
towns may 
provide 
■workhouses 
and alms* 
houses. 
Persons may 
be commit- 
ted thereto. 
1863, c. 240. 
1866, c. 198. 
1869, c. 258. 



Masters to 
keep regis- 
ters of per- 
sons com- 
mitted. &c. 
1864, c. 307. 
1866, c. 198. 
1869, c. 258. 



How persons 
may be dis- 
charged. 
1863, c. 240. 
1866. c. 198. 
1869, c. 258. 



Persons com- 
mitted to be 
kept employ- 
ed. 

Discipline 
1866. c 198. 
1869, c. 258. 



Provisions 
respecting 



[General Statutes, Chapter 22.] 

Sect. 1. A city or town may erect or provide a work- 
house or almshouse for the employment and support of 
poor and indigent persons who are maintained by or 
receive alms from the city or town ; persons who, being 
able of body to work and not having estate or means 
otherwise to maintain themselves, refuse or neglect to 
work ; persons who live a dissolute, vagrant life, and ex- 
ercise no ordinary calling or lawful business ; persons 
who spend their time and property in public houses to 
the neglect of their proper business, or who, by other- 
wise misspending what they earn, to the impoverishment 
of themselves and their families, are likely to become 
chargeable to the city or town ; and other persons sent 
thereto under any provision of law. 

********* 

Sect. 17. The master of each workhouse and alms- 
house shall keep a register of the names of the persons 
committed or received, the places to which they belong, 
the dates of their reception and discharge, and of their 
respective earnings, to be submitted to the overseers of 
the poor upon their request. 

********* 

Sect. 20. No person committed to the workhouse 
shall be discharged within the time for which he was 
committed, except by the police court or justice who made 
the commitment, the directors of the house at their gen- 
eral or quarterly meeting, or by the superior court, at 
any term held in the county where such house is situated, 
for good cause shown upon application for that purpose. 

Sect. 21. Every person committed to a workhouse 
shall, if able to work, be kept diligently employed in 
labor during the term of his commitment. If he is idle 
and does not perform such reasonable task as is assigned, 
or is stubborn and disorderly, he shall be punished 
according to the orders and regulations established by 
the directors. 

Sect. 22. When a person not having a legal settle- 
ment in this state shall become idle or indigent, he may 



SETTLEMENT OF PAUPERS. 9 

be committed to the workhouse to be there employed, if foreigners 
able to labor, in the same manner and under the same iggg^c. 198. 
rules as other persons there committed. 1869^ c. 258. 



SETTLEMENT OF PAUPERS. 



[General Statutes, Chapter 69.] 

Sect. 1. Legal settlements may be acquired in any Settlements, 

city or town, so as to oblige such place to relieve and h ° w ac( l mr - 

support the persons acquiring the same, in case they are 1862, c. 184. 

poor and stand in need of relief, in the manner following, 1863 > c - 240. 
1 , . , , i ' B ' 1865, c. 230. 

and not otherwise, namely : — 1866 J c 2 88. 

First. A married woman shall follow and have the set- 1868^ c. 328. 
tlement of her husband, if he has any within the state ; _ bvmarrie(i 
otherwise her own at the time of marriage, if she then women, 
had any, shall not be lost or suspended by the marriage. 

Second. Legitimate children shall follow and have the —by legiti- 
settlement of their father, if he has any within the state, |? ate chil * 
until they gain a settlement of their own ; but if he has 
none they shall in like manner follow and have the settle- 
ment of their mother, if she has any. 

Third. Illegitimate children shall follow and have the —by iilegiti- 
settlement of their mother at the time of their birth, if ]? ate chii " 
she then has any within the state ; but neither legitimate 
nor illegitimate children shall gain a settlement by birth 
in the place where they may be born, if neither of their 
parents then has a settlement therein. 

Fourth. Any person of the age of twenty-one years, —by living 
being a citizen of this or any other of the United States, on freehold 
and having an estate of inheritance or freehold in any ig68 c. 328. 
place within the state, and living on the same three 
years successively, shall thereby gain a settlement in such 
place. 

Fifth. Any person of the age of twenty-one years, —by being 
being a citizen of this or any other of the United States, igg e g Sed o2 8 
and having an estate, the principal of which shall be set ' 
at two hundred dollars or the income at twelve dollars in 
the valuation of estate made by assessors, and being as- 
sessed for the same, to state, county, city or town taxes, 
for five years successively in the place where he dwells 
and has his home, shall thereby gain a settlement therein. 
1* 



10 



SETTLEMENT OF PAUPER^, 



— by serving 
one A ? ear in 
town offices. 



Settlement 
acquired by 
ministers. 

— by persons 
admitted in- 
habitants by 
vote. 

— by incor- 
poration of 
an unincor- 
porated 
place. 

1868, c. 328. 
— where to 
be upon di- 
vision or in- 
corporation 
of town. 



— by serving 
apprentice- 
ship four 
years. 



Sixth. Any person being chosen and actually serving 
one whole year in the office of clerk, treasurer, select- 
man, overseer of the poor, assessor, constable or collector 
of taxes, in any place, shall thereby gain a settlement 
therein. For this purpose a year shall be considered as 
including the time between the choice of such officers at 
one annual meeting and the choice at the next annual 
meeting, whether more or less than a calendar year. 

Seventh. Every settled ordained minister of the gospel 
shall be deemed to have acquired a legal settlement in 
the place wherein he is or may be settled as a minister. 

Eighth. Any person admitted an inhabitant by any 
place at a legal meeting, held under a warrant containing 
an article for that purpose, shall thereby acquire a legal 
settlement therein. 

Ninth. Any citizen of this or any other of the United 
States, dwelling and having his home in any unincorpo- 
rated place at the time it is incorporated into a town, 
shall thereby acquire a legal settlement therein. 

Tenth. Upon the division of a city or town, every per- 
son having a legal settlement therein, but being absent 
at the time of such division and not having acquired a 
legal settlement elsewhere, shall have his legal settlement 
in that place wherein his last dwelling-place or home hap- 
pens to fall on such division : and when a new city or 
town is incorporated, composed of a part of one or more 
incorporated places, every person legally settled in the 
places of which such new city or town is so composed, 
and who actually dwells and has his home within the 
bounds of such new city or town at the time of its incor- 
poration, shall thereby acquire a legal settlement in such 
new place : provided, that no person residing in that part 
of a place which upon such division shall be incorporated 
into a new city or town, having then no legal settlement 
therein, shall acquire any by force of such incorporation 
only ; nor shall such incorporation prevent his acquiring 
a settlement therein, within the time and by the means 
by which he would have gained it there if no such 
division had been made. 

Eleventh. A minor who serves an apprenticeship to a 
lawful trade for the space of four years in any place, and 
actually sets up such trade therein within one year after 
the expiration of said term, being then twenty-one years 
old, and continues there to carry on the same for five 
years, shall thereby gain a settlement in such place ; 
but being hired as a journeyman shall not be considered 
as setting up a trade. 



SUPPORT OF PAUPERS BY CITIES, ETC. 11 

TiveJftk. Any person of the age of twenty-one years. — b y resid - 
being a citizen of this or any other of the United States, pav i ng 
who resides in any place within this state for ten years taxes, 
together, and pays all state, county, city or town taxes, 1868 > c * 328 * 
duly assessed on his poll or estate for any five years within 
said time, shall thereby gain a settlement in such place. 

Sect. 2. No person who has begun to acquire a set- Provisions 
tlement by the laws in force at or before the time when ^ohjms 18 
this chapter takes effect, in any of the ways in which any begun to ac- 
time is prescribed for a residence, or for the continuance <i uire settl- 
or succession of any other act, shall be prevented or i862, 8 c. 184. 
delayed by tne provisions of this chapter ; but he shall 1865, c. 230. 
acquire a settlement by a continuance or succession of JSg' °* gos' 
the same residence or other act in the same time and 
manner as if the former laws had continued in force. 

Sect. 3. Every legal settlement shall continue till it Settlements 
is lost or defeated by acquiring a new one within this u ° r ^° n & D c ue 
state ; and upon acquiring such new settlement all for- 1862, c. 184. 
mer settlements shall be defeated and lost. J 8 ^' c * nf2* 

lobb, c. 288. 
1868, c. 328. 

SUPPORT OF PAUPERS BY CITIES AND TOWNS. 



[General Statutes, Chapter 70.] 
********** 
Sect. 3. The overseers of the poor shall have the Powers and 
same power and authority over persons placed under duties of 
their care, which directors or masters of workhouses have the poor. 
over persons committed thereto. 1863, c. 240. 

********* 1866, c. 198. 

a ' m • tt' ' i i -,i « i ^ 1869 > c ' 258 « 

Sect. 21. Upon the death of a pauper, who at the overseers of 
time of his decease is actually chargeable to any place poor may 
within this state, the overseers of the poor of such place J u e ®**J e of 
may take possession of all his real and personal property ; paupers-and 
and if administration is not taken upon his estate within a PP'y P r °- 
thirty days after his decease, the overseers may in their Jmburse ex- 
own names sell and convey so much thereof as may be penses. 
necessary to repay the expenses incurred for the pauper. 
If any part of such property is withheld from said over- 
seers, they may in their own names sue for and recover 
possession of the real estate, and shall have the same 
remedy for the recovery of the personal estate or its 
value, that an administrator might have in like case. 
********* 



12 



ALIEK PASSENGERS AND STATE PAUPERS. 



ALIEN PASSENGERS AND STATE PAUPERS. 



Board of 
alien com- 
missioners, 
how consti- 
tuted. 

1863, c. 159, 
240. 

1866, c. 272, 
292. 
1869, c. 251. 

Commission- 
er appointed 
by governor. 
Term of 
office. 

1863, c. 240, 
*6. 

Commission- 
ers may ap- 
point per- 
sons to visit 
almshouses. 



— to give di- 
rections in 
relation to 
pauper re- 
turns, &c. 
1863, c 240, 
§6. 

Commission- 
ers to ap- 
point agents 
to procure 
information 
respecting 
foreigners 
arriving in 
this State. 
1863, c. 240, 
*6- 
1866, c. 272, 

1-1. 



[General Statutes, Chapter 71.] 
BOARD OF ALIEN COMMISSIONERS. 

Sect. 1. There shall be a board of commissioners in 
relation to alien passengers and state paupers constituted 
as follows : One person appointed by the governor and 
council, the auditor of accounts of the Commonwealth, 
and the superintendent of alien passengers for the city of 
Boston, which board shall superintend the execution of 
all laws in relation to the introduction of aliens into the 
Commonwealth and the support of state paupers therein. 

Sect. 2. The present appointed member of the board 
shall continue to hold his office according to the tenor of 
his commission, and at the expiration of his term of office, 
and whenever a vacancy occurs, the governor, with the 
advice and consent of the council, shall appoint some 
suitable person to hold the office for three years. 

Sect. 3. The commissioners may appoint one or more 
persons, who shall at least once in every year visit all the 
almshouses or places where state paupers are supported, 
and ascertain from actual examination and inquiry 
whether the laws in respect to such paupers are properly 
regarded, particularly in relation to such as are able to 
labor ; and if infractions of the law are discovered, make 
immediate report thereof to the commissioners. The 
commissioners shall give such directions as shall insure 
correctness in the returns required in relation to paupers, 
and may use such means as are necessary to collect all 
desired information in relation to their support. 

Sect. 4. They shall appoint one or more persons, to 
be approved by the governor and council, who shall 
ascertain the names of all foreigners brought into this 
state by any conveyance by land, or by any lines of com- 
munication established for the regular transportation of 
passengers by water, not extending beyond or stopping 
at places without the United States, and also procure 
such further information in relation to such foreigners as 
is practicable in order to identify them if they should 
hereafter become a public charge. All officers and 
agents of railroad corporations, and proprietors or agents 
of other means of conveyance, shall furnish the agents of 



ALIE^" PASSENGERS AND STATE PAUPERS. 13 

the Commonwealth, when so required, with the informa- 
tion above named so far as in their power, by filling up 
blanks to be furnished them for that purpose. If 
any of said persons refuse or neglect to furnish such in- 
formation when requested, they shall be punishable by 
fine not less than twenty dollars for each person in rela- 
tion to whom the information is withheld. 

Sect. 5. They shall prescribe to the superintendent —to pre- 
of each state almshouse and of the hospital at Rainsford ^certlfi™ 11 
Island, the forms for statistical returns to be made by cates to be 
them in their annual report, in relation to the sex, age used in send- 
and nativity of the inmates, and the places from whence to g state PerS 
they were sent. They shall also prescribe the form of almshouses, 
certificates required of mayors of cities, or overseers of J|^ °* |^ 
the poor of towns, when a pauper is sent therefrom to § 6. ' 
either of the state almshouses ; which certificate shall 
contain such inquiries in relation to the age, parentage, 
birthplace and former residence of, and other facts relat- 
ing to, the pauper, as they may deem necessary, to which 
mayors and overseers of the poor shall render true 
answers as far as they are able, before the pauper is 
received into the almshouse. The several cities and 
towns shall be furnished with blank forms of said certifi- 
cate by the commissioner. 

Sect. 6. They shall have the same powers to bind as Powers of, 
apprentices minors who are inmates of the hospital at * n relat ion 
Rainsford Island, and in relation to state paupers who a t hospkais. 
are inmates of the same, or of either of the lunatic hospi- 1863. c. 240, 
tals in this state, and their property, as are by law vested * 6 ' 
in towns and overseers of the poor in reference to paupers 
supported or relieved by towns. 

Sect. 7. The inmates of a state almshouse, state May transfer 
lunatic hospital, or the hospital at Rainsford Island, may inmates of 
be transferred from one institution to another, or sent to housesl^c. 
any state or place where they belong, by the board or i860, d 83. 
their order, when the public interest or the necessities of ?? 6 f 'A 3 ' 240 ' 
the inmates require such transfer; but no patient shall ' 
be transferred or discharged from a state lunatic hospital 
without the concurrence of the trustees thereof. 

Sect. 8. They may commute the bonds taken by May com- 
superintendents of alien passengers, on such terms as in mnte ^ ol ^' 
their judgment will best promote the interest of the state. § $/' '. 

Sect. 9. They shall annually, on or before the fit- To make an- 
teenth day of October, make a report of their doings to VSi r ! p o r m 
the governor and council, to be laid before the legislature, $ 6. 
and shall therein make such suggestions in relation to the 
present or other plans for the support of paupers as may 
occur to them. 



14 



ALIEIST PASSENGERS AND STATE PAUPERS. 



Compensa- 
tion of, &c. 
1863, c. 240, 
§6. 



Sect. 10. They shall receive such compensation for 
their services as the governor and council may deem 
reasonable ; and the agents appointed by them, such 
compensation as may be fixed by the commissioners, not 
exceeding four dollars for each day they are employed, 
together with their necessary expenses for board and 
travel, to be paid quarter-yearly. 



Superintend- 
ents of alien 
passengers, 
how appoint- 
ed, qualified, 
and paid. 
1S63, c. 240. 
1866, c. 272, 
292. 
1869, c. 251. 



Duties of. 

1863, c. 240, 

§6. 

1866, c. 292, 

§1. 



Same sub- 
ject. 

1863, c. 240, 
§6. 



To board 
vessels arriv- 
ing, with 
alien passen- 
gers, &c. 



ALIEN PASSENGERS. 

Sect. 11. The governor, with the advice and consent 
of the council, shall, when necessary, appoint and com- 
mission in each maritime place some suitable person to be 
superintendent of alien passengers therefor, who, before 
entering upon the duties of his office, shall be sworn, and 
give bond, with sufficient sureties for the performance 
thereof, to the treasurer of the Commonwealth, in such 
sum as shall be specified in his commission, and he shall 
hold his office until another is appointed, commissioned 
and qualified in his stead. The superintendent for the 
city of Boston shall receive a salary of two thousand dol- 
lars a year for his services as such superintendent and as 
a member of the board of alien commissioners ; and the 
superintendent for any other place, such a salary as the 
governor and council may determine, not exceeding the 
amount of alien passenger money received by him ; and 
the salary of each shall be expressed in his commission. 

Sect. 12. Each superintendent shall from time to 
time designate places for the examination of vessels as 
hereafter mentioned, and shall require the pilots of the 
ports of his city or town to anchor such vessels at the 
places so designated, there to remain until such examina- 
tion is had. Any pilot who refuses or neglects to perform 
said duty, or who through negligence or design permits 
any alien passenger to land before such examination, 
shall forfeit not less than fifty nor more than two thousand 
dollars* 

Sect. 13. The superintendents shall have the care 
and oversight of all matters arising under the four fol- 
lowing sections in the cities or towns for which they are 
appointed ; and when a breach of any provision thereof 
comes to their knowledge, they shall, with the advice of 
the district-attorney for their district, institute prosecu- 
tions for the forfeitures incurred. 

Sect. 14. When a vessel which does not belong to a 
line of communication established for the regular trans- 
portation of passengers by water, and not extending 



AT/TR-pr PASSENGERS AND STATE PAUPERS. 15 

beyond or stopping at places without the limits of the 1863, c 240, 
United States, arrives at any port or harbor within this §6. 
state, with alien passengers on board, who have never § i ' "• ' 
before been within the state, or who if so, were a public 
charge as lunatics or paupers, the superintendent of the 
place where it is intended to land such passengers shall 
go on board such vessels, and examine into the condition 
of such passengers ; and the master or commanding officer 
of the vessel shall, within twenty-four hours after such 
arrival, make a report in writing under oath to said super- 
intendent, of the name, age, sex, occupation, place of 
birth, last place of residence, and condition of every such 
passenger ; and none of them shall be landed or permit- 
ted to land, except as is hereinafter provided, until such 
report is made. 

Sect. 15. No insane, idiotic, deaf and dumb, blind, Certain pas- 
deformed or maimed person among said passengers, or J en ? ers n °t 
alien who has before been a public charge within this until bond is 
state shall be permitted to land until the master, owner, ?i v en, &c 
consignee or agent of such vessel makes and delivers to , 6> ' c ' ' 
said superintendent a bond to the Commonwealth for 
each of said persons, with satisfactory sureties in the sum 
of one thousand dollars, conditioned that such passengers 
shall not, within ten years from the date thereof, become 
a city, town or state charge. And no other passenger 
shall be permitted to land until a bond is given as afore- 
said in the sum of three hundred dollars, conditional that 
lie shall not become a charge as aforesaid within five 
years from the date thereof; but in lieu of the bond last Superintend- 
mentioned, the superintendent may receive from said ^ nt ma ^ re - 
master, owner, consignee or agent, such sum, not less than intieiFot** 
two dollars, as in his judgment is sufficient to cover the bond, &c. 
risk . incurred by the Commonwealth in permitting such 
passenger to be landed ; and the names of all such pas- 
sengers shall be certified by the superintendent on the 
back of the report : provided, that if any passenger arriv- siekand des- 
ing as aforesaid is so sick or destitute as to require relief, titute pas- 
and the master refuses to report him, or if said master, bTianded^ 
owner, consignee or agent refuses to give such bond, the without 
superintendent may permit such passenger to be landed ; bond ' &c * 
and if the Commonwealth or any place is put to expense 
for his support, sickness or burial within ten years of the 
time he is so landed, the Commonwealth or such place 
may, in an action of contract, recover the amount of all 
such expenses of said master, owner, consignee or agent, 
who shall also severally forfeit the sum of five hundred 
dollars for every passenger so landed. 



16 ALIEN PASSENGERS AND STATE PAUPERS. 

Head money Sect. 16.* When a master, owner, consignee or agent 
refunded fa nas paid to ^e superintendent the sum of two dollars for 
certain cases, the landing of an alien passenger, the superintendent 
1863, c 240, s } m n refund said sum upon receiving satisfactory evidence 
within thirty days that the passenger left the state within 
forty-eight hours after such payment ; and he shall state 
the amounts so refunded in his quarterly accounts. 
Bond may be Sect. 17.* The superintendent of alien passengers, 
taken. instead of receiving the payment of two dollars as afore- 

said, may in any case take a bond, with sufficient sure- 
How canceil- ties, for such payment ; and on proof that the passenger 
1863 c. 240 ^ e ft the state within forty-eight hours after giving such 
§ 6. ' ' bond, the superintendent shall cancel it. 

Party to Sect. 18.* If an alien passenger on whose account 

money *!s ad tne commutation money has been refunded or bond can- 
repaid, &c, celled as provided in the two preceding sections, within 
liable if pas- fi ve years thereafter returns into this state and becomes a 
turns! re ~ public charge, the party who paid the commutation 
1863, c 240, money or gave the bond, shall become liable to the Com- 
* mon wealth for the expenses of such passenger's support, 

to the same extent as if a bond in the penal sum of three 
hundred dollars had been taken upon the first landing of 
such alien 
Consuls, &c, Sect. 19. The preceding provisions shall not extend 
and persons f seamen sen t from foreign ports by consuls or vice-con- 
not affected suls of the United States, nor to ambassadors, consuls or 
hereby. public ministers, or other persons representing foreign 

j 6 ' c ' ' states, nor to persons coming on shore from vessels in dis- 
tress, nor to any alien passenger taken from a wreck, 
where life is in danger. 
Penalty for Sect. 20. If the master or commanding officer of a 
a^ienTexcept vesse l lands an alien passenger at any place within this 
at port of state other than that to which such vessel is destined, 
destination. w ith intent to avoid the requirements of this chapter, he 
$ e # ' ' shall forfeit one hundred dollars for every passenger so 

landed, 
—or without Sect. 21. If the master or commanding officer of a 
wH^prov?- vesse l lands, or permits to be landed in this state any 
sions of this alien passenger without complying with the provisions of 
I863 ter, 2 40 this chapter, he and the owner or consignee of the vessel 
$ 6. ' ' shall severally forfeit five hundred dollars for every pas- 

senger so landed, 
—for landing Sect. 22. If the master or other person having charge 
&c.7from °f a vessel, therein brings to and lands, or suffers to be 
other states, landed within this state a person convicted in any other 
1863, c. 240, r J 

$6. 

* Repealed. 



ALIEN PASSENGERS. 17 

state or in a foreign country of an infamous crime, or a 
crime for which he has been sentenced to transportation, 
knowing of such conviction or having reason to suspect 
it, or a person of a notoriously dissolute, infamous and 
abandoned life and character, knowing him to be such, 
he shall for every offence forfeit a sum not exceeding five 
hundred dollars. 

Sect. 23. Every superintendent of alien passengers Superintend- 
shall, on the third Wednesdays of January, April, July ™*£ m * e 

i ^~\ 1 /"i i i /» i reports^ rBU" 

and October or each year, render to the treasurer of the der accounts, 
Commonwealth a detailed account of all the money &c- 
received and expended by him and his assistants under ^ 6 ' ' ' 
the provisions of this chapter, up to the first days of said 
months ; and after deducting therefrom the salary due to 
him up to the time to which said quarterly accounts ex- 
tend, shall pay the balance into the treasury. 

Sect. 24. The overseers of the poor in any place Overseers of 
where there is no superintendent of alien passengers, or ^ perfonw 
where such superintendent is unable to perform his duties duties of 
by reason of absence or ill health, shall perform the superintend- 
duties and exercise the authorities of superintendents ; ig63 c. 240 
and shall in like manner render their accounts to the § 6. 
state treasurer and pay over the money received, deduct- 
ing therefrom a reasonable compensation for their ser- 
vices. 

Sect. 25. If a foreigner brought into this state in the Persons 
manner specified in section four, falls sick or from any b . nn 8 ,n K fo *- 

r , i t 1 • eigners into 

other cause becomes a public charge within one year State, liable 
thereafter, the Commonwealth or any place incurring ex- *° r support, 
penses for his support, sickness or burial, may in an action tain cases. " 
of contract recover the amount of such expenses of the 1863, c. 240, 
corporation or party by whose means the person was | 8 g 6 c 2 j2 
brought into the state : provided, that the party so liable § l. ' 
shall be notified of his liability in each case as soon as 
practicable, in order that such party may, if so disposed, 
provide means of support or removal. 

* # * * ## * * * 



STATE ALMSHOUSES AND STATE PAUPERS. 

Sect. 32. The governor, with the advice and consent Inspectors of 
of the council, shall appoint for each of the state alms- ? tat f * 1,31S " 
houses a board of three inspectors residing in the imme- pointment^ 
diate vicinity thereof, subject to removal only for sufficient <*"*>', aud 
cause, and one member at least of each board shall be i863, y c°240. 
appointed annually. The inspectors shall, subject to the 1864] c. 288,' 
approval of the governor, establish rules and regulations * 10, 



18 



ALIEK PASSENGERS. 



1866, c. 198, 
§§ 1,2,3. 
1866, c. 209, 
§§1,4,8,9. 

1862, c. 212. 



Inspectors to 
have certain 
: powers of 
overseers of 
poor, &c. 
1864, c. 288, 
§ 10 

1866, c. 198, 
§§ 1, 2, 3. 
1866, c. 209, 
§§ 1,4,8,9. 
Superin- 
tendent. 
Salary, 
bond, &c. 
1864, c. 288, 
§ 10. 

1866, c. 198, 
§§ 1,2,3. 
1866, c. 209, 
§§1,4,8,9. 



To receive 
paupers, &c. 
1860, c. 83. 
1864, c. 288, 
§ 10. 

1866, c. 198, 
§§1,2,3. 
1866, c. 209, 
§§1,4,8,9. 
Cities and 
towns may 
send State 
paupers to 
State alms- 
houses, &c. 
1860, c. 83. 

1863, c. 159. 

1864, c. 288, 
§ 10. 

1865, c. 162, 
§1- 

1865, c. 230, 
§2. 

1866, c. 198, 
§§ 1,3,5,10. 
1866, c 209, 
§§1,4,8,9. 



for the proper management and government of said alms- 
houses, and shall see that such rules and regulations are 
enforced ; and each almshouse shall be visited by one 
inspector at least, once in each week. They shall receive 
an annual salary of one hundred dollars each, together 
with their necessary travelling expenses. 

Sect. 33. The inspectors shall have the same power 
to bind as apprentices, minors who are inmates of the 
institution under their charge, to cause the inmates of 
said institution to be returned to the place or country 
from which they came, and to remove insane persons to 
the state lunatic hospital, as is vested in overseers of the 
poor. 

Sect. 34. The governor, with the advice and consent 
of the council, shall appoint a superintendent of each of 
said institutions, whose salary, subject to the approval of 
the governor, shall be fixed by the inspectors thereof, and 
who shall receive no other compensation or perquisite for 
his services, except the right to reside with his family in 
the building under his care. He shall give bond to the 
treasurer of the Commonwealth for the faithful perform- 
ance of his duties, in such sum as shall be designated by 
the rules and regulations of the inspectors, and with suf- 
ficient surety or sureties to the acceptance of said inspec- 
tors, and subject to the approval of the governor. 

Sect. 35. Said superintendents shall receive all 
paupers sent with a proper certificate from the mayor of 
any city or one of the overseers of the poor of any town, 
and provide for them under the rules and regulations 
herein provided. 

Sect. 36. The several cities and towns may, at their 
own expense, send to said almshouses, to be maintained 
at the public charge, all paupers who may fall into dis- 
tress therein, not having a settlement within the Com- 
monwealth ; that is to say, the cities and towns in the 
counties of Suffolk, Middlesex and Essex, may send such 
persons to the state almshouse at Tewksbury ; the cities 
and towns in the counties of Norfolk, Bristol, Plymouth, 
Barnstable, Nantucket and Dukes County, to the state 
almshouse at Bridgewater ; and the remaining cities and 
towns, to the state almshouse at Monson : provided, that 
the alien commissioners may direct the mayor of any city 
or the overseers of the poor of any town, to send such 
paupers to either of the state almshouses ; and if any 
place is so directed to send a pauper to a greater'distance 
than would be required by the preceding provisions of 



ALIEN PASSENGERS. 19 

this section, the necessary additional expense shall be 
paid by the state. 

Sect. 37. No city or town shall send to either alms- Not to send 
house any person who, by reason of insanity, would be are danger- 
dangerous if at large. And if an inmate of such estab- ous. 
lishment becomes so insane, the inspectors thereof may Inmates be- 

i x1 • i n t ^ r • j." coming fun- 

apply to the jud?;e of a police court, or any two justices ously ma( i 

of the peace and the quorum, in the county in which the may be sent 

institution is situated, who shall have the same power and nati^hospi- 

authority in regard to such application and the commit- tais. 

ment of such persons to either of the state lunatic hos- J 86 *? c - 288 > 

pitals, as judges of probate courts have in regard to 1866, c. 198, 

lunatics furiously mad: provided, that it shall not be §§ 1* 3, 5, 10. 

necessary to give notice of such application to the officers J?f' 4 3 9; 

of any place. 

Sect. 38. When it is made to appear on application idiots hav- 

in writing to any two justices of the peace, one of whom geftleraenT" 1 

shall be of the quorum, or to a police court, that any may be sent 

person having no known settlement in this state is idiotic t0 st jJ fce 

and ought to be confined, said justices or court shall send 

such person to the nearest state almshouse, there to be 

supported, governed and employed, in the same manner 

as persons sent thereto by overseers of the poor. 

1864, c. 288, § 10. 1866, c. 198, §§ 1, 3, 5. 1866, c. 209, §§ 1, 4, 8, 9. 
Sect. 39. In any case arising under the preceding Fees allowed 
section, all magistrates, officers and witnesses shall receive & c ° ^^uch 
the same fees and compensation for services performed, cases, 
and for travel and attendance, as are allowed by law for 
like services in criminal proceedings, to be taxed, allowed 
and paid in the same manner. 

1864, c. 288, §\o. 1866, c. 198, §§ 1, 3, 5. 1866, c. 209, §§ 1, 4, 8, 9. 
********* 

Sect. 42. Any convict who r at the legal expiration Convicts too 
of his imprisonment, is in a condition, from bodily infirm- s r K \^ J e 
ity or disease, to render his removal as aforesaid imprac- how to be 
ticable, shall be provided for and receive such treatment, provided for. 
in the state prison, jail or house of correction, as the exi- 
gency of the case may require, until he is in a condition 
to be removed according to the provisions of section 
forty. 

1864, c. 169. 1864, c. 288, § 10. 

1866, c. 198, U 1, 3, 5. 1866, c. 209, §§ 1, 4, 8, 9. 

Sect. 43 When the operation of any provisions of Husband 
law in relation to poor and indigent persons might, cause ^be^pa" * 
a separation of husband and wife by reason of her having rated. 
a legal settlement in some place in the Commonwealth, 
he being a state pauper, both parties may be supported 



20 ALIEN" PASSENGERS. 

at the almshouse of the place where she has a legal 
settlement. 

1861, c. 94, § 1. 1864, c. 288, § 10. 1866, c. 198, §§ 1, 3, 5. 
1866, c. 209, §§ 1,4, 8, 9. 1866, c. 234, $ 1- 

Expense of Sect. 44. The expense of thus supporting the person 
State pauper wno ^ s such state pauper shall be paid by the Common- 
in such case, wealth, and the accounts therefor shall be audited and 
how paid, allowed by the inspectors of the state almshouse to which 
such pauper would otherwise belong, reference being had 
to the expense of supporting such person at the state 
almshouse, if there committed. 

1861, c. 94. § 2. 1864, c. 288, § 10. 1866, c. 198, $$ 1, 3, 5. 
1866, c. 209, §§ 1, 4, 8, 9. 1866, c. 234, $ 2. 

almshouses Sect. 45. When either of the state almshouses is full 

full, inmates of inmates, the superintendent thereof shall report the 

to be distrib- f aC £ to the alien commissioners, who shall distribute the 

paupers who cannot be provided for therein, among the 

other state pauper establishments, in such manner as 

shall be most convenient. 

1864, c. 288, § 10. 1865, c. 198, §§ 1, 3, 5. 1866, c. 209, §§ 1, 4, 8, 9. 

When all are Sect. 46. When by reason of all the state almshouses 

&c.' to take being full, a city or town is unable to obtain admission 

charge of for a state pauper, such place shall take charge of the 

pers^t'ex- P au P er until notified by the superintendent to whom 

pense of application for admission has been made, that the pauper 

?8fil e ' 9.S8 can ^ e rece ^ ve d- The superintendent shall give notice 

$ 10 ' ' by mail when the pauper can be received, having regard 

1866. c 198, in so doing to the priority of applications ; and until 

1866 S c 209 notlce * s given, the city or town shall receive payment 

§§ l/4, 8, 9.' for the support of the pauper from the treasury of the 

Commonwealth. 
Powers of Sect. 47. The inspectors of the several state alms- 

to inmates houses shall have the same powers in relation to the 
and prop- paupers who are inmates of the same, and their property, 
erty * as are vested in towns and the overseers of poor in refer- 

ence to paupers supported or relieved by towns, to be 
exercised in the same manner. 
1864, c. 288, $ 10. 1866, c. 198, H 1, 3, 5. 1866, c. 209, §§ 1, 4, 8, 9. 
Superin- Sect. 48. The superintendent of each state alms- 

tendents . . . , r „ . 

may con- house, with the consent of the inspectors, may contract 
tract for em- ^vith any person for the employment of any inmate there- 
?nmates Dt ° °f m anv kind °f lawful labor, for such wages or on such 
1864, c. 288, terms as the superintendent and inspectors approve. 
1866 c 198 ^h en a contract is so made, such inmate shall be dis- 
ss 1. 3, 5 ' charged from the institution, and if he refuses to avail 
* 866 > c|09, himself of the employment offered, shall forfeit all claim 
' ' ^ ' to support as a state pauper. 



ALIEN PASSENGERS. 21 

Sect. 49. If a pauper having a legal settlement in Towns liable 
any place becomes an inmate of either of said almshouses, 7thefr P pau- 
such place shall be liable to the Commonwealth for the pers in State 
expense incurred for him, in like manner as one town is Jgg^ 11 ^^' 
liable to another in like cases ; and the same measures $ io. 1 ' ' 
shall be adopted by the inspectors, in regard to notifying 1866, c. 230, 
towns so liable, the removal of the pauper, and the | 86 '^ c 198 
recovery from towns of expenses incurred for him, as are §$ l, 3, 5. 
prescribed for towns in like cases. &fT*4 8°9' 

Sect. 50. The kindred who are liable by law to towns Lia 4ijL'df 
for expenses in supporting such paupers, shall in like kindred for 
manner be liable to the Commonwealth for any expense support of 
incurred for such paupers ; and the inspectors may adopt s ™ Sm paU " 
the same measures and institute like legal proceedings for 
the recovery of such expenses of the kindred so liable, as 
are prescribed for towns in like cases. 
1864, c. 288, § 10. 1866, c. 198, {§ 1, 3, 5. 1866, c. 209, H 1, 4, 8, 9. 

Sect. 51. If an inmate of either of said almshouses, Punishment 
above the age of sixteen years, leaves the same without f< ? r l e avin s 
the consent of the inspectors thereof, and within one year without con- 
thereafter is found within any city or town soliciting pub- sent, and 
lie or private charity, he shall be punished by confine- 5^*. ~ 
ment to hard labor in the house of correction for the 
county within which he is so found, for a term not exceed- 
ing three months. 
1864, c. 288, § 10. 1866,"c. 198, §§ 1, 3, 5. 1866, c. 209, B 1, 4, 8, 9. 

Sect. 52. Any justice of the superior court, trial Foreign pau- 
justice or police court, upon complaint of the overseers pers may be 
of the poor of any place, or of a superintendent of alien they^beiong! 
passengers, in term time or vacation, may, by warrant 1864, c. 288, 
directed to a constable or other person therein designated, $ ™- 198 
cause any pauper not born nor having a settlement in §$ i,'3,5. ' 
this state, who may conveniently be removed, to be con- 1866, c 209, 
veyed at the expense of the state to any other state, or, |^ 68 ' c ' 323' 
if not a citizen of the United States, to any place beyond § 2. ' 
sea where he belongs. 

Sect. 53. Upon complaint of the trustees of any so may state 
state lunatic hospital, the county commissioners of a lunatic pau- 
county, the inspectors of a state pauper establishment, or fg^' c 288 
the overseers of the poor of a place, a judge of the pro- § 10. 
bate court shall have the same powers as are given by the l^'g- 198 ' 
preceding section, to cause the removal of state lunatic 1866, 0. 209, 
paupers under their charge to any other state or beyond H li 4, 8, 9. 
sea where they belong. | 8 | 8 ' c * 328 ' 

Sect 54. The inspectors of the several state alms- inspectors to 
houses shall audit all the accounts of the superintendents ^ u t dlfc d su n p t e r 
of their respective institutions, and shall report to the accounts, 



22 MAINTENANCE OF BASTARD CHILDREN. 

and make governor and council on or before the fifteenth day of 
I864 rt c 288 October annually, the state of the institution under their 
§ 10.' ' charge, and the expenses in detail for said institution for 

u 6 i 6, q 4 9 *?' tne y ear en ding on the last day of the preceding month, 
1866, o. 209, with a list of the salaried officers and their salaries, and 
§§1,4,8,9. in a tabular form, under the heads specified in section 

eleven of chapter five, the value of the stocks and 

supplies. 
Accounts for Sect. 55. All accounts for the maintenance of the 
maintenance s t a te almshouses and the support of their inmates, shall 
houses, how after they have been approved by the inspectors, be pre- 
and when sented to the state auditor at the close of each month and 
1864 c. 288. P a ^ from the treasury of the Commonwealth : provided, 
§ 10. that if the inspectors deem it necessary, a warrant may 

in?' 8 4 9 5' ^ e drawn by the governor on the treasurer of the Com- 
186.6, c. 209J monwealth in favor of the superintendent, for a sum not 
§§1,4,8,9. exceeding five hundred dollars, to enable him to make 

purchases during the month ; said sum to be accounted 

for to the auditor prior to the advance of any further 

amount. 
Allowance Sect. 56. Nothing shall be allowed from the treasury 

for state f ^ ne Commonwealth to any county, city or town for 

expenses incurred on account of any state pauper, except 

in cases expressly provided by law. 
1864, c. 288, § 10. 1866, c. 198, §§ 1, 3,4,5. 1866, c. 209, §§ 1,4,8, 9. 
Accounts of Sect. 57. All accounts against the Commonwealth 
counties, f or allowance to counties, cities and towns on account of 
audited. state paupers, shall be rendered to the board of alien 
1864, c. 288, commissioners on or before the third Wednesday of 
1866 c 198 J anuar y annually ; and shall be so made as to include all 
§§ l. 3. 4, 5! claims for such charges up to the first day of said January ; 
^ 66 > c. 209, an( j jf approved by said board, and certified by the 
' ' ' auditor of accounts, shall be paid from the treasury of 

the Commonwealth. The commissioners may require 

such accounts to be accompanied with such statement of 

particulars and facts, and substantiated by such affidavits 

as may seem to them proper. 



MAINTENANCE OF BASTARD CHILDREN. 



[General Statutes, Chapter 72.] 
Complaint, Sect. 1. When a woman who has been delivered of 
made. a bastard child, or is pregnant with a child, which if born 



MAINTENANCE OE BASTARD CHILDREN. 23 

alive may be a bastard, makes a complaint to a justice 1863, c. 240. 
of the peace or police court, and desires to institute a 1866 » c - 292, 
prosecution against the person whom she accuses of being 
the father of the child, the justice or court shall take her 
accusation and examination in writing under oath, re- 
specting the person accused, the time when and place 
where the complainant was begotten with child, and such 
other circumstances as the justice or court deems neces- 
sary for the discovery of the truth of such accusation. 
The justice or court may institute a warrant against the 
party accused, returnable before the same or any other 
justice or court having jurisdiction thereof in the county. 
The warrant shall run throughout the state, and any 
officer to whom it is directed may serve it and apprehend 
the defendant in any county. 

Sect. 2. If a woman entitled to make a complaint Who may 
refuses or neglects so to do when requested by an over- c?™ 13 ^ 1 ^. 
seer of the poor of the place where she resides or hasher man refuses, 
settlement, or one of the alien commissioners, the super- 
intendent of a state almshouse, or of the hospital at 
Eainsford Island, or a person authorized by either of 
them to make the request, or either of her parents, or 
her guardian, the person so requesting may make the 
complaint ; and when already made, if she refuses or 
neglects to prosecute the same, either of said persons 
may prosecute the case to final judgment, for the benefit 
of the parent, guardian, city, town or state. In such 
cases the bond shall be made to the party for whose 
benefit the complaint is made or prosecuted. 

Sect. 3. When a woman is an inmate of either of If woman is 
the state almshouses, a complaint by her or in her behalf 11 ? St * te 

, i«i.i r *i i i • almshouse, 

may be made either in the county where she then is or complaint 
where she last had her usual place of abode before becom- where made, 
ing such inmate, and the warrant shall be returnable in 
the latter county or the county where the defendant 
resides. When a complaint is made in the county of 
Suffolk by or in behalf of an inmate of the hospital at 
Rainsford Island, or the House of Industry at Deer 
Island, the warrant shall be returnable before the police 
court of the city of Boston. 

Sect. 4. The court or justice before whom the war- Accused held 
rant is returnable may, after due hearing, require the *° answer, 
accused to give bond, with sufficient sureties, to appear 1863, c 127, 
and answer to the complaint at the next term of the $ 4 
superior court holden for the transaction of civil business, 1865 ' c * 161# 
and abide the order of court thereon ; and may order him 
to be committed until such bond is given. 



24 



MAINTENANCE OP BASTARD CHILDREN. 



For what 
reasons the 
cause may 
be continu- 
ed, &c. 
1863, c. 127, 
§§2,3. 



Defendant 
committed, 
&c, how 
discharged. 
1863, c. 127, 
§2. 

Trial by jury 
and order of 
court there- 
on. 

1863, c. 127, 
*2. 



Mother of 

the child 

may testify, 

&c. 

1863, c. 127, 

§2. 



Complaint 
not to be 
withdrawn 
without con- 
sent, &c. 



Sect. 5. If at said next court such woman is not 
delivered, or is not able personally to attend, or if there 
is any other sufficient reason therefor, the court may 
order the continuance of the cause from term to term, as 
it deems necessary ; and the bond shall remain in force 
till the final judgment: provided, that if the sureties in 
the bond at any term of said court object to being longer 
held liable, or if the court for any cause deems it proper, 
the court may order a new bond to be taken ; and the 
defendant shall stand committed until he gives such new 
bond. 

Sect. 6. When a person is committed on account of 
inability to give bond, he shall be discharged from prison 
on giving at any time thereafter the bond required, 
approved in the same manner as bail bonds. 

Sect. 7. Upon the trial of the cause, the issue to the 
jury shall be whether the defendant is guilty or not 
guilty ; and if the jury find him guilty, or if he is 
defaulted, he shall be adjudged by the court to be the 
father of such child, and shall stand charged with the 
maintenance thereof, with the assistance of the mother, in 
such manner as the court shall order ; and shall give bond 
with sufficient sureties to perform said order, and also to 
indemnify and save harmless against all charges of main- 
tenance her parents and any city or town, or the state, 
chargeable with the maintenance of such child ; and he 
may be committed to prison until he gives such bond ; 
but if on the trial he is found not guilty, the court shall 
order that he be discharged ; and the verdict in either 
case shall be final. 

Sect, 8. The mother of the child shall be admitted 
as a witness in support of the complaint, and may be 
compelled to testify ; but her admissions shall not be used 
against her in any criminal prosecution, except for per- 
jury committed while so testifying. If upon examination 
under section one, she accuses any man of being the 
father of such bastard child, and being put upon the dis- 
covery of the truth respecting the same accusation in the 
time of her travail, she accuses the same man of being the 
father of the child of which she is about to be delivered, 
and has continued constant in such accusation, the fact of 
such accusation in time of travail may be put in evidence 
upon trial to corroborate her testimony. 

Sect. 9. No complaint shall be withdrawn, dismissed 
or settled, by agreement of the mother and the putative 
father, without the consent of the overseers of the poor of 
the city or town in which she has her settlement or resi- 



MAINTENANCE OF BASTARD CHILDREN. 25 

dence, or one of the other officers named in section two, 1862, c. 213. 
or of her parent or guardian, unless provision is made to 1863 > c - 12 <"> 
the satisfaction of the court, to relieve and indemnify any 
parent, guardian, city, town or the state, from all charges 
that have accrued or may accrue for the maintenance of 
the child, and from the costs of complains and the ♦ 
prosecution thereof. 

Sect. 10. No settlement made by the mother and Liability for 
father, before or after complaint is made, shall relieve the 1863°? 127 
father from liability to any city or town, or the state, for $ 2. ' 
the support of a bastard child. 

Sect. 11. Whoever has been imprisoned ninety days Party charg- 
for having failed to comply with any order of the court, ed as f atb -er 
as provided in this chapter, shall have the benefit of the p^ debtors' 
laws for the relief of poor prisoners committed on execu- oath. 
tion : provided, that he procures like notification of his * 8 | 3, c * 127 ' 
intention to take the oath prescribed to poor debtors, to 
be served upon the clerk of the city or town where the 
child of which he is the reputed father has its legal settle- 
ment, if there is such place in this state, and also upon 
the complainant, if living, thirty days at least before the 
time appointed for taking the oath. 

Sect. 12. The mother of such child and said city or Mother, &c, 
town, or the state respectively, may at all times after the t0 ha £ e rem " 
liberation of such prisoner, or taking said oath, recover i§63 c ?127 
by action of contract any sum of money which ought to § 2. 
have been paid to them, respectively by him, in pursu- 
ance of such order of court. 

Sect. 13. Prosecutions under this chapter, except as Proceedings 
herein otherwise expressly provided, shall be according as ia civil 
to the course of proceedings in civil cases, and shall not 1863%. 127, 
be entertained at any term of the superior court held §§ 2 } '5. 
exclusively for the transaction of criminal business. 

Sect. 14. Nothing herein contained shall be so con- Complainant 
strued as to require the complainant to pay or give secu- nofc re( i uire <i 
rity for the support of the defendant when he is committed defendanfia 
to prison by virtue of the provisions of this chapter ; nor prison, 
shall such defendant be discharged from imprisonment by J 8 |f » c ' 127 ' 
reason of payment or security not being made or given 
for his support. 



26 STATE LUNATIC HOSPITALS. 

STATE LUNATIC HOSPITALS. 



• [General Statutes, Chapter 73.] 

*2k. 2k. 2k. 2k. 2k. 2k. 2k. &. 2k. 

^r ttt yf? 7t? *t* ^tv Tpf * vpr 

Lunatics, Sect. 29. Any two trustees of either hospital, or 

h h- W di <i" either of the justices of the supreme judicial court or 
removed. * superior court, at any term held within and for the county 

1862, c. 223, in which such hospital is located, may, on application in 
1863 c 240 wr iting for that purpose, discharge from confinement, 
1864^ c. 288! after the cause of such confinement has ceased, any luna- 
tic committed thereto. The trustees may also remove 
any idiot or other patient to the place where the judge or 
court committing him shall certify that he resided, when 
in their opinion he ceases to be dangerous and is not sus- 
ceptible of mental improvement by remedial treatment at 
the hospital, if such place shall not remove him after 
reasonable notice in writing from the trustees. 

After remov- Sect. % 31. If after the discharge of an incurable 
al, if not lunatic under the preceding section, it is made to appear 
supported, 7 on complaint by any person under oath, to the judge of 
&c, may be the probate court for the county in which the lunatic has 
recommit- j^ g j e g a i settlement or is placed, that he is not comfortably 

1863, c. 240. supported, or that the public safety is endangered by him, 

1864, c. 288. said judge shall order his recommitment to said hospital. 

And the same proceedings may be had in determining 
these questions by a jury, upon the request of any person 
interested therein, made in writing to said judge, as are 
provided in the preceding section. 
Trustees Sect. 32. No pauper shall be discharged from either 

"JYh f urn ^ h hospital without suitable clothing ; and the trustees may 

1863, c. 240 furnish the same at their discretion, together with such 

1864, c. 288. sum of money, not exceeding twenty dollars, as they may 

deem necessary. 



ANALYTICAL HSTDEX. 27 

ANALYTICAL INDEX. 



BOARD OF STATE CHARITIES. 

POWERS AND DUTIES. 

1. How constituted, appointments, &c. 

4. To have rooms at State House, hold meetings, make rules, 

investigate and supervise system of public charitable insti- 
tutions, transfer paupers, &c. 

5. To prepare and print full report annually. 

7. May authorize general agent and secretary to employ assist- 
ants and incur expenses. 

2 7. To apply for remedial treatment of insane in certain cases. 

12. To certify probable quarterly expenses for support of pauper 
lunatics. 

3 1. Shall have authority to investigate cases of sickness, and 
order removal of patients. 

4 1. May designate some person to make suitable investigation. 

•1. To determine what portion of State almshouse at Bridge- 
water, and what alterations and additions, are necessary 
for State workhouse. 

3. Shall have general supervision of State workhouse, and exer- 
cise certain powers in 'connection therewith. 

6. May cause inmates of State reform school for boys, of nautical 

school, or of industrial school for girls, to be transferred to 
State workhouse. 

6 2. Shall have authority to apprentice, discharge or remove per- 
sons committed to State workhouse. 

3. To fix price of board for any person having legal settlement 
when committed to State workhouse ; and permit transfer 
of such person to workhouse in said place of settlement, on 
request of overseers of the poor. 

7 1. May designate what portion of land and buildings belonging 
to State almshouse at Monson shall be used for State primary 
school. 

5. May transfer children from State almshouses to State primaiy 

school, have power of admission and discharge, and other 
powers relating to said school. 

6. Shall examine into sentences and conduct of pupils at State 

reform school for boys, and furnish governor with lists of 
pupils deemed suitable for transfer to State primary school. 

1 1863, 240, p. 30-32. 2 1864, 288, p. 34, 35. 3 1865, 162, p. 35. 
* 1869, 12, p. 35. 6 1866, 198, p. 36, 37. « 1869, 258, p. 38. 

U866, 209, p. 39, 40. . 



-28 



ANALYTICAL INDEX. 

7. May receive or retain children over sixteen years of age in 

State primary school when urgent reasons exist. 

8. Shall have same powers, &c, in regard to pupils in State 

primary school, as in regard to inmates of State almshouse 
at Monson. 
1 1. May authorize visiting agent to employ assistants and incur 
expenses. 

2. May direct visiting agent to collect certain information res- 

pecting children. 

3. May take action in cases of children placed in unsuitable 

homes. 

4. May indenture, place out, or provide for the maintenance of 

children. 
2 2. May require certain information from overseers of poor. 
3 1. May require certain information from private societies or 

institutions for charitable purposes when aided by the 

State. 
4 4. To make provision in certain cases for support of persons 

heretofore known as Indians. . 
5 2. May designate some officer or officers to perform duties of 

inspector of hospital at Rainsford Island. 
6 Res. To take charge of, distribute to State institutions, or sell, 

personal property of State at Rainsford Island. 

SECRETARY. 

7 3. Shall keep records; examine returns; prepare interrogato- 
.ries to institutions of charity, reform and correction, with a 
view to illustrate causes and best treatment of pauperism, 
crime, disease and insanity; report all desirable information 
concerning industrial and material interests of the Common- 
wealth ; propose such general investigations as the Board 
may approve ; make report, &c. 
6. Shall perform certain duties pertaining to alien passengers. 

8 1. Shall furnish keepers of prisons, workhouses, &c, w 7 ith 
blanks for periodical returns. 

5. Shall give notice of liability of certain officers to forfeiture. 

9 4. Shall prepare tables from pauper returns, to be printed in 

annual reports of the Board. 
10 7. May employ assistants and incur expenses with approval of 
the Board. 
8. Shall give bond to treasurer of Commonwealth. 

1 1869, 453, p. 41, 42. 2 1867, 209, p. 44, 45. 3 1867, 243, p 45, 46. 

U869, 463, p. 46. 51869, 43, p. 47. 6 Res. 1869, 39, p. 47. 

7 1863, 240, p. 30-32. 8 1864, 307, p. 43, 44. » 1867, 209, p. 45. 

10 1863,240, p. 32. # 



ANALYTICAL INDEX. 29 



GENERAL AGENT. 

l 2. Shall oversee and conduct out-door business of the Board, 
especially the examination and removal of paupers and 
lunatics, prosecution of cases of settlement and bastardy, 
collection of head-money , bonding of suspicious persons, &e. 

*6. Shall perform duties formerly devolving upon commissioners 
and superintendent of alien passengers. 

2 1. Shall have supervision of vessels bringing passengers to 
any port in this Commonwealth, enforce all provisions of 
law relating thereto, and appoint, commission and fix com- 
pensation of assistants for this purpose. 

2. Shall receive and account for fees of commutation. 

3. Shall institute prosecutions for violation of alien laws, and 

may commute forfeitures therefor. 

3 2. May investigate cases of sickness and approve bills for sup- 
port. 

4 5. Shall make and prosecute complaints against persons liable 
to imprisonment in State workhouse. 

5 5. Shall take charge of house and property heretofore occupied 
by Dudley Indians, and lease or sell the same, under direc- 
tion of the Board. 

6 7. May employ assistants and incur expenses with approval of 

the Board. 
8. Shall give bond to treasurer of Commonwealth. 

VISITING AGENT. 

7 1. To visit all children who are or may be wards of the Com- 
monwealth, hold office one } r ear, &c, and with approval of 
the Board may employ assistants and incur expenses. 

2. Shall exercise general supervision over the interests and 

welfare of the children aforesaid, and collect such informa- 
tion respecting them as the Board may direct. 

3. Shall investigate the character of applicants. for such chil- 

dren and the expediency of so disposing of them, and make 
report, &c. 

4. Shall attend in person or by deputy in behalf of children, on 

receiving notice of application for their commitment to any 
State reformatory ; seek out families willing and suitable to 
receive such children, report names and places of residence, 
&c. 

5. Shall make monthly report to the Board. 

*See Acts 1866, 272, 292; 1869, 251, p. 33. 
1 1863, 240, p. 30, 32. 2 1869, 251, p. 33, 34. 3 1865, 162, p. 35. 
4 1866, 198, p. 36, 37. & 1869, 463, p. 46. o 1863, 240, p. 32. 

U869, 453, p. 41, 42. 



30 



CHARITABLE AND CORRECTIONAL INSTITUTIONS. 



STATUTES 



St. 1863, 
c. 240. 



AN ACT IN RELATION TO STATE CHARITABLE AND 
CORRECTIONAL INSTITUTIONS. 



Board of 
State Chari- 
ties consti- 
tuted. 
Appoint- 
ments, etc. 
G. S. c. 71. 



General 
agent, du- 
ties, etc. 
G. S. c. 71, 
72, 73. 
1865, c 161, 
162, 230. 
1886, c. 234, 
288. 

1867, c. 97. 

1868, c. 328. 

1869, c. 12. 



Secretary, 
duties, etc. 
G. S. c.21, 
22, 71. 
1862, c. 112. 



Sect. 1. The governor, with the advice and consent 
of the council, shall appoint five persons, who, together 
with the general agent and secretary hereinafter men- 
tioned, shall constitute the board of state charities. One 
of the persons so appointed shall hold office for one year ; 
one of them for two years and one for three years ; one 
for four years and one for five years, unless sooner 
removed. Appointments to fill vacancies, caused by 
death, resignation or removal before the expiration of 
terms, may be made for the residue of such terms by the 
governor and council ; and all appointments to fill vacan- 
cies caused by expiration of terms shall be made in the 
same manner. 

Sect. 2. The governor, with the advice and consent 
of the council, shall appoint some suitable person as gen- 
eral agent of state charities, who shall hold his office for 
three years, unless sooner removed. He shall be a mem- 
ber of the board of state charities, ex officio, and shall, 
subject to the control and direction of the said board, 
oversee and* conduct its out-door business, especially the 
examination of paupers and lunatics, to ascertain their 
places of settlement and means of support, or who may 
be responsible therefor; the removal of paupers and 
lunatics to their usual homes ; the prosecution of cases of 
settlement and bastardy ; the collection of emigrant head- 
money and the bonding of suspicious persons, and all and 
singular the duties now devolved by law upon the super- 
intendent of alien passengers for the city of Boston. 

Sect. 3. The governor, with the advice and consent 
of the council, shall appoint some suitable person to be 
secretary of the board of state charities. He shall hold 
his office three years, unless sooner removed. He shall 



CHARITABLE AND CORRECTIONAL INSTITUTIONS. 31 

keep an accurate record of the proceedings of the board, 1864, c. 307. 
and shall perform such clerical services as they may 1867, c. 209, 
require. He shall, under the direction and control of 
the board, examine the returns of the several cities and 
towns in relation to the support of paupers therein, and 
in relation to births, deaths and marriages, and he shall 
prepare a series of interrogatories to the several institu- 
tions of charity, reform and correction, supported wholly 
or in part by the Commonwealth, or the several counties 
thereof, with a view to illustrate in his annual report the 
causes and best treatment of pauperism, crime, disease 
and insanity. He shall also arrange and publish in his 
said report all desirable information concerning the 
industrial and material interests of the Commonwealth, 
bearing upon these subjects, and shall have free access to 
all reports and returns now required by law to be made ; 
and he may also propose such general investigations as 
may be approved by the board. He shall be paid, annu- Compensa- 
ally, the sum of two thousand dollars and his actual Jgjjg c 453 
travelling expenses. 

Sect. 4. The board of state charities shall be provided Board, etc. 
with suitable rooms in the state house. They shall hold Loc ation and 
meetings on the first Wednesday of every month. They 
may make such rules and orders for the regulation of 
their own proceedings as they may deem necessary. They 
shall investigate and supervise the wl?ble system of the 
public charitable and correctional institutions of the 
Commonwealth, and shall recommend such changes and 
additional provisions as they may deem necessary for 
their economical and efficient administration. They shall Powers and 
have full power to transfer pauper inmates from one ^ at ^ s - _, 
charitable institution or lunatic hospital to another, and § 7. " " ' 
for this purpose to grant admittances and discharges to G. S. c. 73, 
such pauper inmates, but shall have no power to make |. |' c 75 
purchases for the various institutions. They shall receive 76 
no compensation for their services except their actual Jaq 6 ' c * 198 ' 
travelling expenses, which shall be allowed and paid. Expenses. 

Sect. 5. The board of state charities shall annually Annual re- 
prepare and print for the use of the legislature a full and P° rt * 
complete report of all their doings during the year pre- 
ceding, stating fully and in detail all expenses incurred, 
all officers and agents employed, with a report of the 
secretary and general agent, embracing all the respective 
proceedings and expenses during the year, and showing 
the actual condition of all the state institutions under 
their control, with such suggestions as they deem neces- 
sary and pertinent. 



32 



CHARITABLE AND CORRECTIONAL INSTITUTIONS. 



Offices of 
commission- 
ers and su- 
perintendent 
of alien pas- 
sengers abol- 
ished, and 
duties trans- 
ferred. 



Compensa- 
tion. 

1866, c. 298, 
§5. 

Appoint- 
ment and 
pay of assist- 
ants. 



Secretary 
and agent to 
give bonds. 



Support of 
State luna- 
tic paupers. 
G. S. c. 73. 



Sect. 6. The board of commissioners in relation to 
alien passengers and state paupers, and the office of 
superintendent of alien passengers in the city of Boston 
are hereby abolished, and the duties now required by law 
to be performed by the incumbents of said offices shall be 
performed by the secretary and general agent herein 
provided for, subject to the control and direction of the 
board of state charities. No compensation shall be 
allowed for this service except actual travelling expenses. 
G. S. c. 71, §§1-25. 3866, c. 272. 1866, c. 292, § 1. 1869, c. 251. 

Sect. 7. The general agent shall be paid annually 
the sum of two thousand dollars in full for all his services, 
and his actual travelling expenses. The general agent 
and secretary, subject to the approval of the board, may 
employ such assistants, and incur such expenses as they 
may deem necessary, within the limits of the annual 
appropriations ; and the balance of the appropriations 
already made for the alien commissioners and the super- 
intendent of alien passengers, remaining unexpended on 
the first day of October, eighteen hundred and sixty-three, 
shall be held subject to the requirements of the board. 

Sect. 8. The secretary and general agent shall 
respectively give bond to the treasurer of the Common- 
wealth, with sufficient sureties, for the faithful perform- 
ance of their duties, in such sums as may be required in 
their commissions*. 

Sect. 9. The expenses of the lunatic hospitals for the 
support of lunatics not having known settlements in this 
state committed thereto, shall be paid by the Common- 
wealth at the same rates charged for other lunatics resid- 
ing therein, not exceeding two dollars and twenty-five 
cents a week for each lunatic. 



11. 



Repeal, 



"When act 
takes effect. 



1864, c. 138, $ 1. 
1867 * Res. 38. 



1865, Res. 16. 



1862, c. 223. 
1866, Res. 27." 

Sect. 10. All acts and parts of acts inconsistent with 
this act are hereby repealed. 

Sect. 11. This act, so far as the appointment of 
officers under it is concerned, shall take effect on its 
passage ; and for all other purposes, on the first day of 
October in the year one thousand eight hundred and 
sixty-three. [Approved April 29, 1863. 

* Resolves of 1868-9 establish the same rates for those years. 



ALIE1S" PASSENGERS. 33 

ALIEN PASSENGERS. 



St. 1866, 
Sect. 1. The provisions of sections four and twenty- c.272. 
five of chapter seventy-one of the General Statutes are Parties- 
hereby extended and made applicable to any corporation jjaupersfinto 
or party by whose means any person not having a settle- state liable 
ment in this Commonwealth is brought into the state. f or support 

° in certain 

G. S. c. 71, §§ 4, 25. 1863, c. 240, § 6. case8 . 

Sect. 2. Any corporation which brings into this Corporations 

Commonwealth, or by whose means or at whose instiga- D . nn g' n g for ~ 

tion any person is brought into the same, for the purpose labor to give 

of performing labor for such corporation, if such person bond for 

has no settlement in this Commonwealth, shall give a po ^ t r sup " 

bond to the Commonwealth, to be delivered to the super- G. s. c. 71. 

intendent of alien passengers, in a sum of three hundred J 8 ,? 3 ' c# 240 > 

dollars, conditioned that neither such person nor any one i866, c. 292. 

legally dependent on such person for support, shall within 1869, c . 251. 

two years become a city, town or state charge. 

Sect. 1. The provisions of sections twelve and four- st. 1866, 
teen of chapter seventy-one of the General Statutes, c. 292. 
shall apply to all vessels arriving at any port of this Provisions 
Commonwealth from any port or place without the limits aHe^pasfen- 
of the United States, or which shall have stopped at any gers. 
such port or place during their voyages. 
G. S. c. 71, §§ 12, 14. 1863, c. 240, § 6. 1866, c. 272. 1869, c. 251. 

Sect. 2. In all actions brought by or on account of Actions un- 
alien passengers and state paupers under the provisions der pauper 
of chapters seventy-one and seventy-two of the General d y i aws m ay 
Statutes, the civil process may be served by the constable be served by 
of the Commonwealth or any of his deputies. stables 011 " 

G. S. c. 18, § 61. G. S. c. 71, 72. 1865, *c. 249. 

Sect. 1. Vessels bringing passengers to any port in St. 1869, 
this Commonwealth shall be under the supervision of the c - 251> 
general agent of state charities, acting as superintendent Gene 5^ 
of alien passengers for the port of Boston, who shall ercise super- 
enforce in regard to such vessels and the passengers vision and 
brought therein all the provisions of law concerning the q] g rc ^ 71 ' 
introduction of strangers and aliens by sea into this Com- §§ 4, 12, 14, 
monwealth : and for this purpose the officers authorized 'r^o om 

i \ n i 7 *» i /-t i lobo, C. 240, 

by section eleven or chapter seventy-one ot the General ^s 6. 

Statutes, shall be appointed and commissioned by the j^ 6 > c - 2 " 2 > 
2* 292 



34 



CARE AjSD SUPPORT OF LUNATICS. 



Appoint- 
ment and 
compensa- 
tion of depu 
ties. 



Monthly re- 
ports to be 
made to the 
board, etc. 



Compensa- 
tion and 
commuta- 
tion fees. 



General 
agent to in- 
stitute pros- 
ecutions, etc, 



general agent of state charities, and shall be deemed his 
deputies, and each deputy shall receive a compensation 
for his services to be fixed by said agent, such compensa- 
tion not to exceed the amount of alien passenger money 
received by such deputy. 

Sect. 2. The deputies shall, at the close of each 
month, make a detailed report to the board of state char- 
ities, through its general agent, giving the name of each 
vessel arriving, the number, names and description of the 
passengers brought, the numbers respectively for whom 
commutation was accepted or refused, and such other 
information in relation thereto as may be required by 
him, and they shall further give bond for the faithful 
performance of their duties, in such sum as he may 
require. The compensation of the said deputies shall be 
paid from the appropriation of the general agent, and all 
fees for commutation collected by them shall be paid over 
monthly to the said agent, who shall account for the same 
to the treasurer in the manner now provided by law. 

Sect. 3. The general agent shall institute prosecu- 
tions for the violation of any provisions of the laws con- 
cerning the introduction of aliens and strangers by sea 
into this Commonwealth, and for this purpose may employ 
counsel when necessary ; but whenever such violation 
shall appear to him to have occurred without intent, he 
may commute the forfeiture for a sum not less than fifty 
dollars, the attorney-general advising thereto. 



CARE AND SUPPORT OF LUNATICS. 



St. 1864, 
c. 288. 

Board of 
State Chari- 
ties to apply 
for remedial 
treatment of 
insane in 
certain cases. 



Board to cer- 
tify probable 
quarterly ex- 



Sect. 7. Whenever the board of state charities shall 
have reason to believe that any insane person, not incur- 
able, is deprived of proper remedial treatment, and is 
confined in any almshouse or other place, whether such 
insane person is a public charge or otherwise, it shall be 
the duty of said board to cause application to be made to 
one of the judges of the supreme judicial, superior or 
probate courts, for the commitment of such person to a 
hospital in the manner prescribed by law. 

G. S. c. 73. 1862, c. 223, § 3. 1863, c. 240. 

1865, c. 268. 1867, c. 355. 

Sect. 12. It shall be the duty of the board of state 
charities to certify to the auditor, within one week from 



REMOVAL AND SUPPORT OF STATE PAUPERS. 35 

the commencement of each quarter of the financial year, P ense for 
the probable amount due to each lunatic hospital for the suppor • 
support of state pauper inmates during said quarter. 
And upon application of any board of trustees of said Ninety per 
hospitals the auditor may draw his warrant for a sum not ^d\nad- 
exceeding ninety per cent, of the amount so certified, yance. 
and the same shall be paid to the treasurer of the hospital 
making the application, to be used towards the payment 
of its current expenses, incurred within the financial year. 



REMOVAL AND SUPPORT OF STATE PAUPERS. 



Sect. 1. No city or town authorities shall be allowed g'jS 65 ' 
to send to either of the state almshouses any person persons in 
infected with smallpox or other disease dangerous to the fected with 
public health, rlbr any other sick person whose health ^^not to 
would be endangered by removal ; but all such persons be sent to 
liable to be maintained by the Commonwealth, shall be ^ tate alD ?| ! " 
supported during such sickness by the city or town in taken care 
which they are taken sick, and notice of such sickness of. 
shall be given to the board of state charities, who shall 
have authority to examine the case, and order the removal 
of the patient if they deem expedient. 

G. S. c. 70, §§ 3, 21. G. S. c. 71, § 36. 1869, c. 12. 

Sect. 2. The expense incurred by any city or town Expenses of 
under the provisions of the first section of this act, after ™™ ° f s £?j!L 

•iiii i • i ■ • i ~i l persons, now 

notice shall have been given as therein required, and the paid, 
bills for said support having been approved by the agent 
of the board of state charities, shall be re-imbursed by 
the Commonwealth to an amount not exceeding at the 
rate of the average weekly cost- of the support of similar 
patients at the Kainsford Island Hospital. 

Sect. 3. Any mayor or overseer of the poor who Penalty on 
shall knowingly offend against the provisions of the first * mvn . officers 
section of this act, shall be subject to a penalty of not f this act. 
less than fifty nor more than one hundred dollars. 

Sect. 1. The second section of chapter one hundred St. 1869, 

and sixty-two of the acts of the year eighteen hundred c - 12 - 

and sixty-five, entitled " An Act concernino; the adinis- c,aims for 

c • i L ±. xi o^ x u i te » • i i support,pro- 

sion ot sick persons to the btate Almshouse, is hereby vision tor 

amended, by inserting after the words " board of state settlement. 

charities," the words, " or some person designated by ^'sq' ' ' ' 

them, whose duty it shall be to make suitable investiga- 1865, c. 162. 

tion." 



36 



STATE WORKHOUSE. 



STATE WORKHOUSE. 



St. 1866, 
c. 198. 
State work- 
house estab- 
lished. 
G S. c. 71, 
*§ 32-57. 



Master and 

inspectors, 

and their 

duties. 

G. S. c. 71, 

§§ 32-35. 



The board 
to have su- 
pervision, 
etc. 

G. S. c. 22. 
G. S. c. 71, 
§§ 32-57. 
G S. c. 178, 
§17. 

1862, c. 189. 

1863, c. 240. 
Expenses, 
receipts and 
accounts. 
G. S. c. 71, 
§§ 54-57. 



Commit- 
ments. 



Sect. 1. A state workhouse shall be established at 
Bridgewater. So much of the state almshouse there 
situate as in the judgment of the board of state charities 
is necessary shall be devoted to this purpose ; such alter- 
ations may be made therein and such additions be made 
thereto as said board shall think advisable for the purpose 
of carrying into effect the provisions of this act. 

Sect. 2. The superintendent of said almshouse shall 
be master of the workhouse, appointing his assistants and 
fixing their compensation, subject to the approval of the 
board of inspectors of said almshouse, who shall be ex 
officio inspectors of the workhouse. The master shall 
make any and all rules for the government of said insti- 
tution, to be approved by the governor«and council, and 
shall have the management and control of said work- 
house and its operations, and with the approval of said 
board of inspectors may make contracts for the labor of 
the inmates of said workhouse. The board of inspectors 
shall visit the workhouse once each month, and one of 
them shall visit the same each week ; and said board 
shall annually, before the fifteenth of October, report the 
condition of said workhouse to the governor and council, 
and shall audit and approve all bills before payment of 
the same. 

Sect. 3. The board of state charities shall have a 
general supervision of the workhouse ; they shall have 
the same power of discharging persons therein confined 
for any cause, that the overseers of houses of correction 
have in those institutions ; there shall also be vested in 
said board of state charities all the powers not herein 
given to the master and board of inspectors, which over- 
seers of the poor have in relation to town workhouses. 

Sect. 4. The expenses of the workhouse shall be 
paid from the annual appropriation for the support of the 
state almshouse at Bridgewater: the receipts for the 
workhouse for labor shall be paid quarterly into the state 
treasury: separate accounts shall be kept of the expenses 
of the almshouse and workhouse departments. 

Sect. 5. Any inmate of either of the state almshouses 
or of the Rainsford Island hospital, who comes within any 
of the descriptions of persons contained in General Stat- 
utes, chapter one hundred and sixty-five, section twenty- % 



STATE WORKHOUSE. 37 

eight, may, on conviction thereof before a trial justice 
or police court, be sentenced to said state workhouse for 
a term not less than six months nor more than three 
years : the complaint shall in such cases be made and Proceedings 
prosecuted by the general agent of the board of state q^I "^!* 
charities or some person under his direction, and on §§ 26-57 
request of said board or its agent, the magistrate or court G. |. c - 165 j 
shall suspend the issue of a mittimus in any such case, jgg^ c . 240. 
Any person so sentenced, escaping or attempting to 1869, c, 258. 
escape, may be pursued and reclaimed, and upon convic- escape or° r 
tion thereof, shall be punished by confinement in the attempt, 
workhouse for not less than six months in addition to the 
previous sentence. 

Sect. 6. On application of the trustees of the reform inmates of 
school for boys, of the nautical school, or of the industrial reformato- 
school for girls, the board of state charities may cause transferred 
any inmate of either of said institutions whom said trus- therefrom, 
tees deem incorrigible or unfit subjects for said institu- ®q c * ' 
tions, to be transferred with the mittimus to the state 1863, c. 240. 
workhouse, the master of which is hereby authorized to 
hold such persons on said mittimus till the term of sen- 
tence expires. 

Sect. 7. His excellency the governor is hereby Trial justices 
authorized to designate and commission a suitable person t0 b< * desig- 
to act as trial justice, from each of the towns of Bridge- Save juris- 
water, Palmer and Tewksbury, or their immediate vicinity, diction un- 
who shall take cognizance of all complaints under the j?** sectl0Q 
fifth section of this act, and any warrant or mittimus g. s. c. 120, 
issued by said justices shall be served by a deputy con- fL§?' 3 |v s 
stable of the Commonwealth whenever practicable. 

Skct. 8. The justices designated under section seven Fees of and 
shall receive a fee of one dollar for each case brought JSfand re- 
before them, and no other fee or compensation whatso- movai of in- 
ever ; and no person receiving a regular salary or com- mates - 
pensation from the Commonwealth shall receive any 
additional pay for any services performed under this act. 
The expense attending the trial of an inmate of any 
state institution, as provided by this act, shall be paid , 
from the appropriation for said institution, and the cost 
of removing parties sentenced to the state workhouse 
shall be paid from the appropriation for the transportation 
of state paupers. 

Sect. 9. The sum of five thousand dollars is hereby Appropria- 
appropriated for the necessary alterations in the state tionforalter- 
almshouse at Bridgewater, authorized by this act to be Britowater 
expended by the superintendent and inspectors in accord- almshouse. 
ance with the provisions of the first section of this act, 



38 



STATE WORKHOUSE. 



Powers of 
cities and 
towns, &c. 
G. S. c. 71, 
§§ 36,37. 

1865, c. 162, 
230, § 2. 
1869, c. 258. 

St. 1869, 
c. 258. 
Commit- 
ments may 
be made on 
complaint of 
overseers of 
poor. 

G. S. c. 71, 
§§ 26-57. 
G. S. c. 165, 
§ 28. 
1863, c. 240, 

1866, c. 198, 
§5. 



Power of the 
Board to ap - 
prentice, dis- 
charge or 
remove. 



Penalty for 
return, 
when re- 
moved from 
the State, 



Cities and • 
towns to pay 
for support, 
in case of. 
legal settle- 
ment. 



Persons may 
be trans- 
ferred to city 
or town 
work- 
houses. 



and the same shall be allowed and paid ; and the said 
superintendent and inspectors shall be authorized to ex- 
pend for the same purpose any surplus that may remain 
of the current expenses for the year one thousand eight- 
hundred and sixty-six. 

Sect. 10. Nothing contained in this act shall affect 
any powers or privileges heretofore granted to cities or 
towns, or the overseers of the poor thereof, by acts 
specially relating to the state almshouses, and the send- 
ing of state paupers thereto. 

Sect. 1. Upon complaint of the overseers of the poor 
of any city or town, trial justices and justices of the 
police and municipal courts may, in their discretion, com- 
mit persons, convicted before them of any of the offences 
enumerated in sections twenty-eight and thirty-five of 
chapter one hundred and sixty-five of the General Stat- 
utes, to the state workhouse at Bridgewater, for a term 
not less than three months, nor more than two years, 
there to be governed and subject to the same liabilities 
as persons sentenced under the provisions of chapter one 
hundred and ninety-eight of the acts of the year eighteen 
hundred and sixty-six; or such offenders may be sen- 
tenced as now provided by law. 

Sect. 2. The board of state charities shall have the 
same power to apprentice or discharge any person so 
committed, as is now vested in overseers of houses of 
correction ; and they may cause any such person, not 
having a legal settlement within this Commonwealth, to 
be removed to the state or place where he belongs, or 
whence he came, in accordance with existing laws. But 
if any person so removed shall return to this state before 
the expiration of his term of sentence, he shall be liable 
to be re-arrested and returned to the state workhouse, 
there to serve out the remainder of said term. 

Sect. 3. If any person so committed shall have a 
legal settlement in any city or town in this Common- 
wealth, the said city or town shall pay for his support 
-such sum per week as may be fixed upon by the said 
board, reference being had to his capacity for labor ; and 
all moneys so received shall be paid into the treasury in 
the manner now provided by law : provided, however, 
that upon the written request of said overseers, the board 
of state charities shall permit him to be transferred to the 
workhouse of his place of settlement,- where he shall 
serve out the remainder of his sentence. 



STATE PKIMARY SCHOOL. 39 



STATE PRIMARY SCHOOL. 



Sect. 1. There shall be established at the state alms- St. 1866, 
house in Monson a state school for dependent and neglected c - 209 - 
children, which shall be known as the state primary School for 

i i a i n i i i i i 'i t i i • dependent 

school, bo much of the land and buddings belonging to and negiect- 
the state almshouse, as in the Judgment of the board of ed children. 

C S c 71 

state charities shall be necessary, shall be used for the § ^' 32-57. ' 
purposes of the school, and the remainder shall be used 
for the purposes of a state almshouse. There shall be 
received as pupils such children as are now maintained 
and instructed in the state almshouses ; and such children 
shall be maintained, taught, exercised and employed as 
their health and condition shall require, but they shall 
not be considered as inmates of the almshouse, nor 
allowed to mingle with the inmates, nor shall they be 
designated as paupers. 

Sect. 2. Said school shall be under the charge of the Charge and 
superintendent and inspectors of the state almshouse at superm- 
Monson, who shall prepare rules and regulations for the 
government of the school and the general management 
of its aifairs ; and such rules and regulations, when Rules and 
approved by the governor and council, and placed on re s ulatlon s. 
record in the office of the secretary of the Common- 
wealth, shall be and remain in force, until altered or 
amended with the approval of the governor and coun- 
cil. 

Sect. 3. All needful officers for said school shall be Officers and 
appointed and their compensation fixed by the superin- their pa ^- 
tendent, subject to the approval of the inspectors. 

Sect. 4. For the purpose of instruction and employ- Children to 
ment there shall be transferred to the state primary be trans- 
school from the state almshouses at Tewksbury and other state 
Bridgewater, from time to time, all such children as are almshouses. 
of suitable condition of body and mind to receive instruc- ?<* 32.57 71 ' 
tion, and at the same time are likely to continue for a G. s~! c. 165, 
period of six months under the care of the state ; and * 28 - 
especially such as are orphans, or have been abandoned 
by their parents, or whose parents have been convicted 
of crime, or come within any of the descriptions of per- 
sons contained in the General Statutes, chapter one hun- 
dred and sixty-five, section twenty-eight. 



40 



STATE PRIMARY SCHOOL. 



Transfers, 
admissions 
and dis- 
charges. 
1863, c. 240. 



Examination 
of pupils in 
reform 
school, and 
manner of 
transfer to 
primary 
school pre- 
scribed. 
G. S. c. 76. 
1863, c. 240. 



Age of pupils 
received or 
retained. 



Family- 
homes to be 
provided. 
1863, c. 240. 
1869, c. 453. 



Powers and 
duties of 
board of 
charities and 
inspectors of 
Monson 
Almshouse. 

Powers of 
cities and 
towns not 
affected. 
G. S. c 71. 
§§32-37. 
1863, c. 240. 

Appropria- 
tions and 
expenses. 



Sect. 5. Such transfers of children shall be made by 
the board of state charities, who shall have full power to 
make such other transfers of children as they may deem 
necessary, from the state almshouses ; and the power of 
admission and discharge shall be vested in the said board 
of state charities, together with the other powers now 
vested in said board in relation to state paupers in alms- 
houses and hospitals. 

Sect. 6. It shall be the duty of the board of state 
charities, upon consultation with the trustees of the state 
reform school at Westborough, as often as once in three 
months, to examine into the sentences and conduct of the 
pupils in that institution ; and when they shall find pupils 
there residing who have been committed for trivial 
offences, and do not appear to be depraved in character, 
or to need the restraints of imprisonment, the board of 
state charities shall furnish lists of such pupils to the 
governor, who may, under his warrant, direct the re- 
moval of such children to the state primary school at 
Monson, and such removal shall suspend their sentence 
of confinement at Westborough, during the good behav- 
ior of such pupils. 

Sect. 7. No child above the age of sixteen years 
shall be received or retained in the state primary school, 
except by special vote of the board of state charities, on 
the representation of the superintendent that there are 
urgent reasons for such admission or retention ; but it 
shall be the duty of the superintendent, inspectors and 
other officers to use all diligence to provide suitable places 
in good families for all such pupils as have received an 
elementary education ; and any other pupils may be 
placed in good families, on condition that their education 
shall be provided for in the public schools of the town or 
city where they may reside. 

Sect. 8. Except as already limited in this act, the 
board of state charities and the inspectors of the state 
almshouse at Monson shall have and exercise all the 
powers, and be subject to all the duties, in regard to the 
pupils of the state primary school, which now belong to 
or may hereafter be given to them in regard to the in- 
mates of the state almshouse at Monson ; and nothing 
contained in this act shall affect any powers or privileges 
heretofore granted to cities or towns, or the overseers of 
the poor thereof, by acts specially relating to the state 
almshouses, and the sending of state paupers thereto. 

Sect. 9. The sum of two thousand dollars is hereby 
appropriated for the necessary changes in the buildings 



VISITING AGEKCT. 



41 



at Monson, which shall be expended under the direction G. S. c. 71, 
of the superintendent and inspectors. The expenses of $§ 32 ~ 57 - 
the school shall be paid from the appropriation for the 
expenses of the almshouse, and no officer now receiving a 
salary from the Commonwealth shall be entitled to any 
increase of salary in consequence of this act ; but such 
officers and employes as the superintendent and inspect- 
ors shall designate, shall be employed to perform services 
both in the school and in the almshouse. 



VISITING AGENCY. 



Sect. 1. The governor, with the advice and consent st - 1869 > 
of the council, shall appoint an agent to visit all children c ' 
maintained wholly or in part by the Commonwealth, or meSt^nd 
who have been indentured, given in adoption or placed jurisdiction 
in the charge of any family or person by the authorities of ag e nj| lfcins 
any state institution, or under any provision of this act. G. s. c 70, 

He shall hold the office for one year, subject to removal TiiJ 5, 7 ™ q 
by the governor and council, and shall receive an annual ' ' 
salary of twenty-five hundred dollars; and, with the office, salary 
approval of the board of state charities, he may employ assistants 
such assistance and incur such expenses as may be neces- a * ld ex P ens " 
sary for the discharge of his official duties. 

Sect. 2. It shall be his duty to visit the children General 
aforesaid, or cause them to be visited, at least once in ^g 6 ^ m 
three months, to inquire into their treatment, their health § 9. ' 
and their associations, and especially to ascertain whether 
their legal rights have been invaded, and' whether all 
contracts or stipulations made in their behalf have been 
duly observed, and to collect such other information 
respecting them as the board of state charities may 
direct ; and, for this purpose, he shall have the right to 
hold private interviews with the children, whenever he 
may deem it advisable. 

Sect. 3. All applications to take any of the children Disposal of 
above specified, by indenture, adoption or any other cnil,lren « 

■* r> root? (in re 

method fixed by law, shall be referred to the aforesaid prescribed. 
agent, who shall investigate the character of each appli- 
cant, and the expediency of so disposing of the child 
applied for, and report the result to the board or magis- 
trate having jurisdiction over the child, and no such 



42 



VISITING AGENCY. 



Indentures, 
when and 
how annul- 
led. 



Applications 
for commit- 
ment of a 
child, agent 
to be noti- 
fied, etc. 



Child may 
be inden- 
tured or 
placed in a 
family home- 



Board to pro- 
vide for 
maintenance 
of any child. 

Agent to 
seek out 
families, etc. 



Provisions 
requiring 
notice, not 
applicable 
to superior 
court. 
Agent to 
make 

monthly re- 
port to the 
board. 



Officers of 
Industrial 
School to 
perform 
duties re- 
quired by 
sections 3 
and 4. 



child shall be indentured or otherwise disposed of until 
such report is received ; and in case any child shall be 
placed in a home which the said agent may deem unsuit- 
able, he shall forthwith report the facts to the board of 
state charities for their action thereon, and the governor 
and council may at any time annul any indenture by 
which such child may be held. 

Sect. 4. Whenever application is made for the com- 
mitment of any child to any reformatory maintained by 
the Commonwealth, the magistrate before whom the hear- 
ing is to be held shall duly notify the visiting agent of 
the time and place of the hearing, by written notice 
mailed one week at least before the time of hearing, and 
directed to said agent at the state house, and the agent 
shall attend at said hearing in person or by deputy, in 
behalf of the child; and if it shall appear to the said 
magistrate that the interests of the child will be pro- 
moted by placing him in a suitable family, he may, in- 
stead of committing him to a reformatory, authorize the. 
board of state charities to indenture the child during the 
whole or a portion of his minority, or to place him in 
such family. And the board of state charities is hereby 
authorized to provide for the maintenance of any child 
placed in a family as aforesaid at an expense not exceed- 
ing the average cost of the support of such child in any 
of the state reformatories. And it shall be the duty of 
said agent to seek out families willing and suitable to 
receive such children, and furnish the names and places of 
residence of the same to the boards or magistrates who 
are to provide for the commitment or indenture of a child 
under this act : provided, that the provisions of this sec- 
tion so far as they require notice to the visiting agent 
shall not apply to the superior court. 

Sect. 5. The visiting agent shall make a monthly 
report to the board of state charities "of all his proceed- 
ings, especially concerning children placed in families 
under the fourth section of this act, and any person 
aggrieved by his action shall have the right of appeal to 
the board or magistrate having original jurisdiction of 
the child. 

Sect. 6. The duties required in sections three and 
four of this act shall, in case of the industrial school for 
girls, be performed by the officers of that institution, 
under the supervision of the board of state charities. 



RETURNS, RECORDS AND REPORTS. 43 

RETURNS, RECORDS AND REPORTS. 



Sect. 1. The secretary of the board of state charities St. 1864, 

shall furnish, from time to time, to the keepers of the sev- c - 307> * 

eral prisons and workhouses throughout the Common- £ pe & c t0 

wealth, including the state prison and the houses of make re-' 

industry, reformation and correction in the city of Bos- * urns > ™ e !j" 

ton, the following blank schedule for periodical returns, \ Jm 

which shall be made weekly from all prisons where the G. S. c. 22. 

commitments average ten a week and upwards; monthly ?/ 68-*72. 

from all prisons where the commitments average between G. s. c. 179, 

two and ten a week : and once in six months from all \ L 2 3_31 a. a 
,, 7 1863, c. 240, 

other prisons : . § 3. 

Admissions. 

Registered number; name; color; age; sex; birthplace; parents 
both Americans ; parents both temperate ; parents both or either 
convicts; ever married; intemperate; what education; what 
property; ever in army or navy; ever in reform school; when 
committed; why committed; number of former commitments; 
when discharged ; how discharged ; length of sentence ; number of 
days sick ; number of times punished in prison. 

Discharges. 

Registered number ; name ; when committed ; why committed ; 
when discharged; how discharged; time in prison; number of 
days sick ; number of times punished in prison ; number remaining 
by last report ; number committed since last report; number dis- 
charged; number transferred from other jails, &c. ; number trans- 
ferred to other jails, &c. ; number now in confinement. 

Sect. 2. The said secretary shall also furnish the sheriffs, di- 
sheriffs of the several counties, the board of directors for rectors of ^ 
public institutions of the city of Boston, and the warden tatio^in *" 
of the state prison, with the following blank schedule for Boston and 
annual returns, to be made on the first day of October in g^^rison 
each year, and lodged with the said secretary before the to make 

fifteenth of October : ? nnual re- 

turns. 
G. S. c. 178, 

1. Names and salaries of every officer employed and paid in §{ 19, 68-72. 
and about the prison. 1853, c. 2i0, 

[Name.] [Duty.] [Salary] 

2. Sum expended for provisions. 3. Sum expended for clothing. 
4. Sum expended for fuel and light. 5. Sum expended for beds 

* Sections 6 and 7 of this Act are omitted, because repealed. 



§3. 



44 



RETUBNS, KECOEDS AXD REPOKTS. 



and bedding. 6. Sum expended for medicine and medical attend- 
ance. 7. Sum expended for instruction of prisoners. 8. Sum 
allowed to discharged prisoners. 9. Sum allowed to witnesses. 
10. Sum expended for all other purposes. 11. Total amount 
expended. 12. Amount received for labor of prisoners. 13. Na- 
ture of instruction given. 14. Number of volumes in the prison 
library. 15. Number of prisoners vaccinated. 16. Number of 
persons committed for non-payment of fine and costs. 17. Num- 
ber of persons who paid fine and costs. 18. Amount received for 
fines and costs. 



County com- 
missioners to 
furnish sher- 
iff with in- 
formation . 
G. S. c. 17, 
§§ 11-31. 



Penalty for 
not making 
returns, &c. 



Notice of lia- 
bility to be 
given, and 
prosecution 
therefor. 



Repeal. 
G. S. c. 70, 

H 23-25. 
G. S.c. 178, 
§§ 68-72. 
1862. c. 112, 
§§1-3. 
1862, c. 220. 

St. 1867, 
c. 209. 
Overseers of 
poor to keep 
record of 
paupers, 
&c, sup- 
ported and 
relieved. 
G. S. c. 70. 
To make re- 
turns to 
board of 
State chari- 
ties. 



Sect. 3. The board of county commissioners in any 
county, when applied to therefor by the sheriff, shall 
make a return to him on or before the tenth day of Octo- 
ber, of the amount expended by them, or with their 
approval, to provide all necessary supplies for the jails 
and houses of correction, necessary to enable him to com- 
ply with the requirements of the preceding section. 

Sect. 4. Every sheriff or prison officer who omits to 
make and transmit, according to the provisions of this 
act, true answers to the inquiries contained in the sched- 
ules, and every director or county commissioner, when 
his board omits to make and transmit such answers, shall 
forfeit one hundred dollars. 

Sect. 5. The secretary, when he finds that a sheriff, 
county commissioner or director is liable to a forfeiture 
under the provisions of this act, shall forthwith notify the 
district-attorney for the district in which such sheriff or 
director resides, who shall immediately institute a com- 
plaint therefor, and the forfeiture recovered shall be 

applied by the county for the relief of discharged convicts. 
* * * *•'* * * * * 

Sect. 8. Chapter two hundred and twenty, and the 
first, second and third sections of chapter one hundred 
and twelve of the acts of eighteen hundred and sixty-two, 
and also so much of the General Statutes as is inconsistent 
with this act, are hereby repealed. 

Sect. 1. It shall be the duty of overseers of the poor 
in all the cities and towns of this Commonwealth to keep 
full and accurate records of the paupers fully supported, 
the persons relieved and partially supported, the travellers 
and vagrants lodged at the expense of said cities and 
towns, together with the amount paid for such support 
and relief. 

Sect. 2. Such annual returns of the number, sex, 
place of settlement, place and cost of support, sanity and 
temperance of the persons supported and relieved by 
towns and cities, and such other particulars concerning 



RETURNS, RECORDS AND REPORTS. 45 

them as may be required by the board of state charities, g. s. c . 70. 
shall be made by the overseers of the poor to the secre- 1863, c. 240. 
tary of said board on or before the twentieth day of 
October in each year, and shall relate to the year ending 
on the thirtieth day of September preceding. 

Sect. 3. If the overseers of any town or city shall Penalty on 
refuse or neglect to comply with the requirements of this neg iect to 
act, said town or city shall forfeit the sum of one dollar make re- 
for each day's neglect, and the amount of such forfeiture JgJg S ' c 162 
shall be deducted from any sum to which said town or 1866^ c. 234.' 
city may be entitled in re-imbursement for relief of state 
paupers as provided in chapters one hundred and sixty- 
two of the acts of the year eighteen hundred and sixty-five, 
and two hundred and thirty four of the acts of the year 
eighteen hundred sixty-six ; and in case no such re-im- 
bursement shall be due to said town or city, the forfeiture 
shall be deducted from any money which may be due 
such town or city from the state. 

Sect. 4. It shall be the duty of the secretary of the Tables of 
board of state charities to prepare tables from the returns su ^ h returns 
thus made, and to report the most important information andreported 
thus obtained to the board, who shall cause the same to to legisia- 
be printed in their annual reports for the use of the ture> 
legislature. 

Sect. 5. Sections six and seven of chapter three hun- Repeal of 
dred and seven of the acts of the^year eighteen hundred If 3 ^'-?' ' 
and sixty-four, and all other acts and parts of acts incon- 
sistent with this act are hereby repealed. 

Sect. 1. Every private society or institution for char- St. 1867, 
itable purposes, when aided by a grant of money from c * 243 ; 
the state treasury, shall cause to be annually prepared ? oc . 1 . e . t1 ®? and 

-. n l-ii t in i • • o institutions 

and forwarded to the board ot state charities, a report ox aided by the 
all its proceedings, income and expenditures, properly st ; lte to 
classified for the year ending on the thirtieth day of ^boarTof fc 
September; which report shall state the sum appropriated state chari- 
by the state, the sum expended under said appropriation, jlfgo 2 40 
the whole number and the average number of beneficia- ' 
ries, the number and salary of officers and employes, 
and such other information as the board of state charities 
may require. 

Sect. 2. The report provided for in the preceding How and 
section may be either in writing or in print. If in writ- ^J 1 ^ ^ade.* 
ing, it shall be sent in to the board of state charities on 
or before the fifteenth day of October, and if in print, on 
or before the first day of November in each year ; and 
for the present year shall be held to apply to all appro- 



46 INDIANS. 

priations made or expenses incurred between the thirtieth 
day of September in the year eighteen hundred and sixty- 
six, and the thirtieth day of September in the year 
eighteen hundred and sixty-seven. 



INDIANS. 



St. 1869, This act, which provides for the enfranchisement of 

c. 46d. ^ e j n( ji ans f th e Commonwealth, contains two sections 

imposing duties upon the board and its general agent, 



The board of Sect. 4. Upon the application of the overseers of the 
State chari- poor of any town, to the board of state charities, said 
provlsio^Tfor Doar cl shall make provision in the state almshouses or 
support. elsewhere for the support of any persons heretofore 
known as Indians who may be unable to support them- 
selves, and who have not acquired a settlement in any 
town ; and upon the application of any Indian who has 
heretofore received aid from the Commonwealth, the said 
board shall furnish to such person, in the state almshouse 
• or elsewhere, such aid as they may deem expedient. 
General Sect. 5. The general agent of the board of state 

of e ieLe° SeU charities shall take charge of the house, and all property 
property. connected therewith, in the town of Webster, belonging 
to the Commonwealth, and may lease the same to per- 
sons heretofore known as members of the Dudley tribe of 
Indians, upon terms substantially like those upon which 
they have heretofore occupied it ; or he shall, under the 
direction of the board of state charities, sell the same at 
public auction, and the proceeds of such leases or sale 
shall be paid into the treasury of the Commonwealth. 



RAINSFORD ISLAND HOSPITAL. 47 

RAINSFORD ISLAND HOSPITAL. 



Sect. 1. The office of inspector of the hospital at St. 1869, 
Rainsford Island is hereby abolished. ottce of 

Sect. 2. The duties assigned to said inspector shall inspector 
hereafter be performed under the direction of the board abolished. 
of state charities, by such officer or officers as they may assignedto 

designate. the board of 

State chari- 
ties. 

Resolved, That the board of state charities are hereby Res. 1869, 
instructed to sell the yacht Thatcher at auction before c 39.* 
the first day of June next, and pay the proceeds into the Care an <* dls - 
state treasury, and to take charge of all the personal property at 
property of the state on the island or belonging there, Rainsford 
and either distribute it to the other charitable institutions Island - 
supported by the state, or sell it, according to their dis- 
cretion, and to pay the proceeds of any sale into the state 
treasury. 

* Another resolve embraced in the same chapter authorizes the 
governor, with the consent of the council, to sell and convey the 
island. 



48 BY-LAWS OF THE BOARD. 



BY-LAWS OF THE BOARD. 



Organization, Meetings, etc. 

I. The Board shall organize at its Annual Meeting, on 
the first Wednesday in October, by choice of a Chairman 
by ballot. 

II. The Secretary's office shall be the regular place of 
meeting, -and shall be open at all other times for the 
business of the Board. 

III. Regular meetings shall be held on the first Wed- 
nesday of each month, at 11 A. M., or at such' other hours 
as the Board may designate. Special meetings may be 
appointed by the Board, or called by the Chairman, or 
by the Secretary, on application of any two members 
thereof, by giving five days' notice in writing. 

IV. The meetings shall be called to order at the time 
appointed, if a quorum be present. 

V. Four members shall constitute a quorum for busi- 
ness. In the absense of the Chairman, the Secretary or 
any member may call the meeting to order, and a Chair- 
man pro tempore shall be chosen. 

VI. The order of business shall be as follows : — 
Record of last meeting. 

Report of Committees. 

Communications from the General Agent. 

Communications from the Secretary. . 

Communications from other sources. 

Motions, resolutions, etc. 

At a special meeting, the object of the meeting shall 
be stated by the Chairman immediately after the records 
of the previous meeting have been read, or their reading 
postponed, and action thereon shall take precedence of 
all other business. 

VII. Motions shall be reduced to writing, when re- 
quested by the Chairman. 



BY-LAWS OF THE BOARD. 49 

VIII. When a vote is other than unanimous, it shall 
be so recorded, and also the names of the members voting 
in the minority. 

IX. Any vote may be reconsidered at the same or next 
regular meeting, but not afterwards, except by unanimous 
vote. 

X. Whenever transfers are made by this Board from 
any institution to which persons are committed under a 
mittimus, such transfer shall be understood as implying 
the following conditions necessary for the restraint of the 
persons so transferred, and the indemnification of the 
institution to which the transfer is made : — 

First.' The mittimus or warrant by virtue of which the 
transferred person was originally held, shall be also trans- 
ferred to the Superintendent of the institution to which 
the inmate is sent. 

Second. The expense of supporting such person shall be 
borne by the institution from which the transfer is made, 
and shall be computed at the average weekly cost of the 
inmates of the institution to which the transfer is made. 

XI. The Board shall visit each of. the institutions 
which are wholly or in part under the charge of the 
State, at least once in each year. 

XII. Each member of the Board shall send to the 
General Agent a quarterly account of his travelling 
expenses. 

Committees, Reports, etc. 

XIII. There shall be the following Committees : — 
First An Executive Committee to have charge of 

Finances, Transfers, Admissions and Discharges, to con- 
sist of the Chairman, General Agent and Secretary. 

Second. A Committeee on Statistics. 

Third. A Committee on Alien Passengers. 

XIV. The Executive Committee shall have full power 
to make the examinations provided for by Section 6 of 
Chapter 209 of the Acts of 1866. 

XV. The Executive Committee shall have power to 
make transfers, and grant temporary admissions to the 



50 BY-LAWS OF THE BOARD. 

State Primary School, and the Superintendent thereof 
shall be instructed to receive all children thus transferred 
or admitted. 

XVI. Lists of all such children shall be presented at 
the next subsequent meeting of this Board, and their 
permanent transfer or admission voted or refused, as the 
Board may think best. 

XVII. Three years shall be assigned as the minimum 
age for pupils to enter the Primary School, and none 
shall be admitted under that age. 

XVIII. All applications received for the discharge of 
pupils from the State Primary School, or of inmates from 
the State Workhouse, during the interim in the meetings 
of the Board, shall be referred to the Executive Com- 
mittee for investigation, who shall report thereon for the 
action of the Board. 

XIX. The General Agent shall have authority to make 
transfers to and from State almshouses and lunatic hos- 
pitals, in such numbers and at such times as he may deem 
expedient. 

XX. The General Agent shall have authority to ex- 
amine all applications to this Board, relating to the 
estate of deceased State paupers, and report thereon for 
the action of the Board. 

XXI. The General Agent shall report to this Board, 
at the monthly meetings, the names and cases of all per- 
sons sentenced to the State Workhouse during the pre- 
vious month, with such remarks as may be necessary in 
regard to them. 

XXII. Weekly reports shall be required from the State 
pauper establishments and lunatic hospitals, and monthly 
reports from other State institutions. 

XXIII. Lunatic Hospitals shall be required to report 
each week, the admissions, discharges, etc., of their town 
and private patients, as well as of their State patients. 

XXIV. These By-Laws may be amended at any reg- 
ular or special meeting, a majority of the Board voting 
therefor : provided, notice thereof shall have been given 
at a previous meeting. 



APPENDIX. 



52 



APPENDIX. 



STATE INDUSTRIAL SCHOOL FOR GIRLS. 



Government 
of school 
vested in 
seven trus- 
tees. 
How ap- 
pointed; 
tenure of 
office; com- 
pensation. 
1863, c. 240. 
1868, c. 153. 



Duty of 
trustees, &c. 
By-laws. 
1863, c. 240. 
1868, c. 153. 



Treasurer, 
appointment 
and bond of. 



[General Statutes, Chapter 75.] 

Sect. 1. The government of the state industrial 
school for girls shall be vested in a board of seven 
trustees appointed and commissioned by the governor 
with the advice and consent of the council, subject to re- 
moval only for sufficient cause. The trustees now in office 
shall continue to hold their offices until the terms thereof 
expire according to the provisions of this section. On 
the first Wednesday of February in each year the terms 
of office of the two senior members as they stand 
arranged on the list of their appointments shall termi- 
nate, and the names of the persons appointed to fill the 
vacancies shall be placed at the bottom of the list. 
Other vacancies may at any time be filled, and the 
names of the persons appointed shall be substituted in 
the list for the remainder of the vacant terms. The 
trustees shall receive no compensation for their ser- 
vices, but shall be allowed all expenses incurred by 
them in the discharge of their duties. 

Sect. 2. The board shall take charge of the general 
interests of the institution, see that its affairs are con- 
ducted in accordance with the requirements of the 
legislature, and such by-laws as the board may adopt, 
and that strict discipline is maintained therein; pro- 
vide employment for the inmates, and bind out, dis- 
charge, or remand them, as is hereinafter provided; 
exercise a vigilant supervision over the institution, its 
officers, and inmates ; appoint a superintendent and 
chaplain, and such matrons, assistants, teachers, and 
other officers, as in its judgment the. wants of the in- 
stitution may require, and prescribe their duties ; re- 
move them at pleasure and appoint others in their 
stead; and determine the salaries to be paid to the 
officers, subject in all cases to the approval of the gov- 
ernor and council. The by-laws may be amended by 
the consent of five members of the board at a legal 
meeting; but no alteration shall be valid until ap- 
proved by the governor and council. 

Sect. 3. There shall be a treasurer appointed by 
the governor and council, who shall before he enters 
upon the discharge of his duties give a bond to the 
Commonwealth, with sureties satisfactory to the gov- 
ernor and council, in the sum of three thousand dol- 



APPENDIX. 53 

lars, conditioned that he shall faithfully account for all 
money received by him as treasurer ; which bond when 
approved shall be filed in the office of the treasurer of 
the Commonwealth. 

Sect. 4. The treasurer shall receive, hold, and in to hold 

vest, for the benefit of the school, all legacies, devises, and invest 
and donations, to or on account of the school, subject e s^ ies > &c - 
to such regulations as may be established from time to 
time by the trustees. 

Sect. 5. The governor with the advice and consent Commission- 
of the council, upon request of the mayor and alder- appointed 
men, selectmen, or overseers of the poor of any city or who, with' 
town, shall appoint and commission in the same man- judges of pro- 
ner as justices of the peace are appointed and com- £^ e ' . s ^ u _ 
missioned, one or more suitable persons residing in dfc*io J nun- 
such city or town, who shall have authority therein to der this 
hear and determine complaints and make commitments chapter, 
under this chapter; and judges of the probate courts 
shall have like authority within their respective coun- 
ties. 

Sect. 6. When a girl between the ages of seven and Girls De - 
sixteen years is brought by a constable, police officer an^SxtJen 
or other inhabitant of this state, before such judge or may be com. 
commissioner, upon complaint that she has committed mitted; ar- 
an offence punishable by fine or imprisonment other J^/"™" 
than by imprisonment for life, or that she is leading an parents, &c. 
idle, vagrant, or vicious life, or has been found in any 1861, c'200. 
street, highway, or public place, in circumstances of 1863 > c - 199 * 
want and suffering, or of neglect, exposure, or abandon- 
ment, or of beggary, the judge or commissioner shall 
issue a summons to the father of said girl, if he is liv- 
ing and resident within the place where she was found, 
and if not, then to her mother if she is living and so 
resident ; and if there is no such father or mother, to 
the lawful guardian of said girl, if any there is so resi- 
dent, or if not, to the person with whom according to 
her own statement and such testimony as shall be 
received she resides ; and if there is no person with 
whom she statedly resides, the judge or commissioner 
may appoint some suitable person to act in her behalf, 
requiring him or her to appear at a time and place 
stated in the summons, to show cause, if any there is, 
why said girl shall not be committed to said institution. 

Sect. 7. At the time mentioned in the summons, Examina- 
the judge or commissioner shall proceed to examine tion, trial, . 
the girl and any party appearing in answer to the sum- connnit - 
mons, and to take such testimony in relation to the i86l/c lie. 
case as may be produced. If the allegations are proved, 1862' e. 9. 
and it appears that the girl is a suitable subject for said 1SG4> °- 29 °- 
institution, and that her moral welfare and the good of 
society require that she should be sent thereto for in- 



54 



APPENDIX. 



struction, employment, or reformation, he shall commit 
her by warrant in substance as follows : — 

Form of To (A. B.,) one of the constables (or police officers) of the city 

warrant. ■ (or town) of . You are hereby commanded to 

take charge of CD., a girl between the ages of seven and six- 
teen years, who has been proved to me to be a suitable subject for 
the state industrial school for girls, and a proper object for its care, 
discipline, and instruction, and deliver said girl, without delay, to 
to the superintendent of said school, or other person in charge 
thereof, at the place where the same is established. And for so 
doing this shall be your sufficient warrant. 

Dated this day of 18 , (in the county of , 

in the Commonwealth of Massachusetts.) 



Variance 
from form, 
when not 
material. 



Service of 
summons. 



Courts may- 
transfer girls 
held for 
criminal 
offences to 
judges or 
commission- 
ers. 
1863, c. 199. 



Second com- 
mitment 
may be made 
without 



But no variance from said form shall be deemed 
material if it sufficiently appears upon the face thereof, 
that the girl is committed by the magistrate in the 
exercise of the powers given to him by this chapter. 
The warrant shall be executed by a constable or police 
officer of the place where the case is heard. Accom- 
panying the warrant, the magistrate shall transmit to 
superintendent, by the officer serving it, a statement of 
the substance of the complaint and testimony given in 
the case. 

Sect. 8. Summonses to appear before a judge or 
commissioner as aforesaid, shall be served by a con- 
stable or police officer, by delivering the same person- 
ally to the party to whom it is addressed, or leaving it 
with some person of sufficient age at the place of resi- 
dence or business of such party ; and said constable or 
police officer shall immediately make return to the 
same magistrate of the time and manner of such 
service. 

Sect. 9. When a girl betweeen seven and sixteen 
years of age is brought for trial before a trial justice or 
court of criminal jurisdiction, charged with an offence 
which may be punished by fine or imprisonment, and 
the justice or court is of opinion that if found guilty she 
would be a fit and proper subject for said school, a 
decree to that effect shall be entered of record ; and 
thereupon such justice or court shall by a warrant 
cause such girl to be brought forthwith before some 
judge or commissioner authorized to commit girls to 
the school, and transmit to him the complaint or in- 
dictment and warrant by virtue of which she has been 
arrested, and he shall thereupon have the same juris- 
diction and power as if she had been brought before 
him upon an original complaint. 

Sect. 10. If a girl previously committed to the 
school is brought before a judge or commissioner upon 
any allegation set forth in section six, he may examine 



APPENDIX. 55 

the case and issue his warrant for committing her to summons to 
the school without having issued the summons re- iggo^'jon 
quired in said section. ' c ' 

Sect. 11. The fees and compensation allowed to Fees of 
judges and commissioners under this' chapter, shall be judges and 
the same as by law are allowed to trial justices ; and isgi^c 116. 
all officers serving process shall be allowed the same 
fees as they are entitled to for serving process in erimi-% 
nal proceedings. 

Sect. 12. Any girl ordered to be committed to the Appeal ai- 
school may appeal from such order in the manner pro- lowed - 
vided in respect to appeals from trial justices. And 
the case shall be entered, tried, aud finally determined, 
in the court to which the appeal is made. 

Sect. 13. Any girl committed to the school shall j^ris to ^ 
there be kept, disciplined, instructed, employed, and boun aout 
governed, under the direction of the trustees, until she & c . 
is bound out, or arrives at the age of eighteen years, or 1863, c. 184. 
is otherwise legally discharged. J|^' C G \H' 

Sect. 14. The trustees shall discharge and return § 6. ' ' 

to her parents, guardian, or protector, any girl who, in Trustees 
their judgment, ought for any cause to be removed may diS ". , 

cnaroce sTirls 

from the school. And in such case the trustees shall 
make an entry upon their records of her name, the 
party to whom she was returned, and the date when 
she left the school, together with a statement of the 
reasons for her discharge; a copy of which record, 
signed by their secretary, they shall forthwith transmit 
to the judge or commissioner by whom the girl was 
committed. 

Sect. 15. The trustees may bind out as an appren- —may bind 
tice or servant any girl committed to their charge, for ^ mout > 
a term not longer than until she arrives at the age of 1869, c. 453. 
eighteen years; and the master to whom the girl is 
bound shall by the terms of the indenture be required 
to report to the trustees as often as once in every six 
months, her conduct and behavior, and whether she is 
still living under his care, and if not where she is. 
And the trustees, and master or mistress, apprentice or 
servant, shall respectively have all the rights and privi- 
leges and be subject to all the duties set forth in chap- 
ter one hundred and eleven, in the same manner as if 
said binding or apprenticing were made by overseers 
of the poor. 

Sect. 16. A person receiving an apprentice under indenture of 
the provisions of this chapter, shall not assign or trans- apprentice- 
fer the indenture of apprenticeship, nor let out her ser- ^Lsigned 
vices for any period, without the consent in writing of except, &c.' 
the trustees. If the master for any cause desires to be m:, . v lHJ i>au - 
relieved from the contract, the trustees upon applica- Jgjjj^ .^ 
tion may in their discretion cancel the indenture and 



56 APPENDIX. 

resume the charge and management of the girl, and 
shall have the same power and authority in regard to 
her as before the indenture was made. 
Discharge of Sect. 17. If a master is guilty of cruelty or mis- 
girl, when usage towards a girl so hound to service, or of any 
gumyof violation of the terms of the indenture, the girl or 
cruelty. &c. trustees may make complaint to a judge or conimis- 
1869, c. 453. ^sioner aforesaid, who shall summon the parties before 
him and examine into the complaint ; and if it appears 
to be well founded, he shall by certificate under his 
hand discharge the girl from all obligations of future 
service, and restore her to the school to be managed as 
before her indenture. 
Assignment Sect. 18. Upon the death of the master to whom a 
of indenture girl is so bound to service, his executor or administra- 
of master h tor ' witn tne consent of tne § irl m writing, acknowl- 
1869, c. 453. edged by her and approved by the trustees, may assign 
the indenture to some other person ; which assignment 
shall transfer to and vest in the assignee all rights and 
subject him to all responsibilities of the original con- 
tract. 
Trustees to Sect. 19. The trustees shall be the guardians of 
he guardians every girl so bound or held for service, shall take care 
hound S ou°t. tliat tne terms of the contract are faithfully fulfilled, 
1863, c. 184. and that she is properly treated ; and they shall espe- 
1869, c. 453. dally inquire into the treatment of every such girl and 

cause any grievance to be redressed, 
instruction, Sect. 20. They shall cause the girls under their 
&c, of girls j charge to be instructed in piety and morality, and in 
maTterT such branches of useful knowledge as are adapted to 
when bind- their age and capacity, and in some regular course of 
ing out girls, labor, either mechanical, manufacturing, or horticultural, 
1866, c 198, or a combination of these, and especially in such do- 
mestic and household labor and duties as are best 
suited to their age, strength, disposition, and capacity ; 
and in such other arts, trades, and employments, as 
may seem to the trustees best adapted to secure their 
reformation, amendment, and future benefit. In bind- 
ing out girls they shall have scrupulous regard to the 
religious and moral character of those to whom it is 
proposed to bind them, that they may secure to the 
girls the benefits of good example and wholesome in- 
struction, and the best means of improvement in virtue 
and knowledge, and the opportunity of becoming in- 
telligent, moral, useful, and happy women. 
Duties of Sect. 21. The superintendent, with such subordinate 

superinten- officers as the trustees may appoint, shall have the gen- 
1868^ c. 153 eral cnar g e and custody of the girls. He shall be a con- 
stant resident at the school, and under the direction of 
the trustees shall discipline, govern, instruct, and em- 
ploy, and use his best endeavors to reform, the inmates 



APPENDIX. 57 

in such manner as shall, while preserving their health 
and promoting the proper development of their physical 
system, secure the formation as far as possible of moral, 
religious, and industrious habits, and regular thorough 
progress and improvement in their studies, trades, and 
employments. 

Sect. 22. He shall before he enters upon the duties —bond, ac- 
of his office give a bond to the Commonwealth, with counts, &c, 
sureties satisfactory to the governor and council, in the ot " 
sum of two thousand dollars, conditioned that he shall 
faithfully perform all his duties and account for all 
moneys received by him as superintendent ; which bond 
when approved shall be tiled in the office of the treas- 
urer of the Commonwealth. He shall have charge of 
all the property pertaining to the school within the pre- 
cincts thereof, and under the direction of the trustees 
shall make purchases of books with the income and 
profits, and according to the terms of the donation of 
Henry B. Eogers. He shall keep in suitable books com- 
plete accounts of all his receipts and expenditures, and 
of all property intrusted to him, showing the income 
and expenses of the institution ; and shall account to 
the treasurer in such manner as the trustees may re- 
quire for all money received by him. His books, ac- 
counts, and documents, relating to the school, shall at 
all times be open to the inspection of the trustees, who 
shall at least once in every six months carefully exam- 
ine the same, and the vouchers and documents connected 
therewith, and make a record of the result of such ex- 
amination. He shall keep a register containing the Register of 
name and age of each girl, and as far as practicable the | irls t0 be 
circumstances connected with her history to the time pt * 
of her admission to the school ; and he shall add there- 
to such facts as may come to his knowledge, relating to 
her history while at the institution and after leaving it. 

Sect. 23. All contracts on account of the institution Superinten- 
shall be made by the superintendent, in writing, and dent to make 
approved by the trustees, if their by-laws require it : ? 11 co " tracts 

i 4.1. • 4. i 4. i • i in writing. 

and the superintendent or his successor may sue or be 
sued thereon to final judgment and execution. No suit Suits on. 
shall abate by reason of the office of superintendent be- 
coming vacant, but any successor in office may take upon 
himself the prosecution or defence thereof; and upon 
motion of the adverse party and notice, he shall be 
required to do so. 

******* 

Sect. 25. One or more of the trustees shall visit the Examination 
school at least once in every two weeks ; at which time <* school. 
the girls shall be examined in the school-rooms and Sj^^Jjl 
workshops, and the register inspected. A record shall urer'sac- 
be kept of these visits in the books of the superintend- couuta. 



58 



APPENDIX. 



1868, c 153. ent. Once in every three "months, the school in all its 
departments shall be thoroughly examined by a major- 
ity of the trustees, and a report thereof made to the 
board. On or before the fifteenth day of October in 
each year an abstract of the quarterly reports shall be 
prepared, which, together with a full report by the su- 
perintendent, and a list of the salaried officers and their 
salaries, and, in a tabular form, under the heads speci- 
fied in section eleven of chapter five, the value of the 
stock and supplies, shall be laid before the governor 
and council for the information of the legislature. The 
treasurer shall also submit at the same time an accurate 
detailed account of the receipts and expenditures for 
the year terminating on the last day of the preceding 
month. 
Trustees Sect. 26. The trustees may expend any money given 

may expend f or the purpose, in erecting houses or other buildings 
houses &c. : on tne l an( ls of the state at Lancaster, for increasing 
number not' the accommodation of the school, plans therefor being 
to exceed six. first approved by the governor and council; but the 
whole number of such houses shall not exceed six. 



Towns to pay- 
to wards sup- 
port of girls 
sent to In- 
dustrial 
School, &c. 



Repeal of G. 
S. 75, § 24. 



[Acts 1865, chapter 256.] 

Sect. 1. The city or town in which any girl commit- 
ted to the state industrial school resides at the time of 
her arrest, upon notice and demand, shall quarterly, on 
the first days of January, April, July and October, pay 
to the treasurer of the school fifty cents a week during 
the time she remains therein. Any sum so paid may be 
recovered by such city or town of the parent, kindred 
or guardian liable by law to maintain her, or of the city 
or town in which she has her lawful settlement. 

Sect. 2. The twenty-fourth section of the seventy- 
fifth chapter of the General Statutes is hereby repealed. 



THE STATE REFORM SCHOOL AT-WESTBOROUGH. 



Government 
of school 
vested in 
seven trus- 
tees; ap- 
pointment, 
tenure of 
office, com- 
pensation. 



TRUSTEES. 

Section 1. The government of the State Eeform 
School at Westborough shall be vested in a board of 
seven trustees, appointed and commissioned by the 
governor, with the advice and consent of the council, 
subject to removal only for sufficient cause. The trus- 
tees now in offices shall, continue to hold their offices 
until the terms thereof expire according to the provis- 
ions of this section. On the first Wednesday of Febru- 
ary in each year the terms of office of the two senior 



APPENDIX. 59 

members as they stand arranged on the list of their 
appointments shall terminate, .and the names of the 
persons appointed to fill the vacancies shall be placed 
at the bottom of the list. Other vacancies may at any 
time be filled, and the names of the persons appointed 
shall be substituted in the list for the remainder of the 
vacant terms. Any person whose term of office expires 
may be reappointed. The trustees shall receive no 
compensation for their services, but shall be allowed 
all expenses incurred by them in the discharge of their 
duties. 

Sect. 2. The trustees shall be a corporation by the Trustees to 
name of the Trustees of the State Eeform School, for beacorpora- 
the purpose of taking and holding, to themselves and tlon * 
their successors in trust for the Commonwealth, any 
grant or devise of lands and any donation or bequest 
of money or other personal property made for the use 
of said institution, and for the purpose of preserving 
and investing the proceeds thereof in good securities, 
with all powers necessary to carry said purposes into 
effect. 

Sect. 3. They shall have the control of the buildings _ t0 control 
erected for the purposes of the institution at West- buildings, 
borough, and. the lands connected therewith. &c - 

Sect. 4. They shall take charge of the general in- _ gen erai 
terests of the institution; see that its affairs are con- powers and 
ducted in accordance with the requirements of the d '\^ es °» 40 
legislature and such by-laws as the board may from 1866 ' ®* 198 * 
time to time adopt, and that strict discipline is main- § 6. ' 
tained therein; provide employment for the inmates 
and bind them out, discharge or remand them as here- 
in provided ; appoint a superintendent, steward, teacher 
or teachers, and such other officers as in their judgment 
the wants of the institution may require, and prescribe 
their duties ; exercise a vigilant supervision over the 
institution, its officers and inmates ; remove such officers 
at pleasure and appoint others in their stead ; and de- 
termine the salaries to be paid to the officers, subject 
in all cases to the approval of the governor and coun- 
cil. The by-laws may be amended by the assent of live 
trustees at a legal meeting ; but no alteration shall be 
valid until approved by the governor and council. 

Sect. 5. They shall cause the boys under their Trustees, 
charge to be instructed in piety and morality, and in duties of, as 
such branches of useful knowledge as are adapted to J? iustru ?- 

,i . , ., . -. ° , ^ n. tion, discip- 

their age and capacity; and in some regular course of ii ne &c. 
labor, either mechanical, manufacturing, agricultural, 
or horticultural, or a combination of these as is best 
suited to their age, strength, disposition and capacity ; 
and in such other arts and trades as may seem best 
adapted to secure the reformation, amendment, and 
future benefit of the boys. 



60 APPENDIX. 

—may bind Sect. 6. They may bind out boys committed to the 
out boys, school, as apprentices or servants, until they become 
1869 c. 453. twenty-one years of age, or for any less term ; and the 
trustees, or master or mistress, apprentice or servant, 
shall respectively have the rights and privileges and be 
subjected to the duties set forth in chapter one hundred 
and eleven, in the same manner as if such binding or 
apprenticing were made by overseers of the poor. In 
binding out boys, they shall have scrupulous regard to 
the religious and moral character of those to whom 
they are to be bound, that they may secure to the boys 
the benefit of a good example and wholesome instruc- 
tion, and the sure means of improvement in virtue and 
knowledge, and thus the opportunity of becoming in- 
telligent, moral, useful and happy citizens, 
—to visit Sect. 7. One or more of the trustees shall visit the 

R h00l t b scn ° o1 at l east once in every two weeks, at which time, 
made; S treas 6 - tne boys shall be examined in the school-room and work- 
urer's ac- shop, and the register shall be inspected. A record 
count. shall be kept of these visits in the books of the super- 

intendent. Once in every three months the school in 
all its departments shall be thoroughly examined by a 
majority of the trustees, and a report thereof made to 
the board on or before the fifteenth day of October in 
each year. An abstract of these quarterly reports shall 
be prepared, which, together with a full report by the 
superintendent, and a list of the salaried officers and 
their salaries, and in a tabular form under the heads 
specified in section eleven of chapter five, the value of 
the stock and supplies shall be laid before the governor 
and council for the information of the legislature. The 
treasurer shall also submit at the same time an accu- 
rate detailed account of the receipts and expenditures 
for the year terminating on the last day of the preced- 
ing month. 

SUPERINTENDENT . 

Superinten- Sect. 8. The superintendent, with such subordinate 
dent, powers ffi cers as the trustees may appoint, shall have the 
f u les charge and custody of the boys. He shall be a con- 
stant resident at the institution, and shall discipline, 
govern, instruct, employ, and use his best efforts to re- 
form, the inmates, in such manner as while preserving 
their health will secure the formation as far as possible 
of moral, religious and industrious habits, and regular 
thorough progress and improvement in their studies, 
trades and employments, 
—to have Sect. 9. He shall before entering upon his duties give 

property* a D0Ucl t0 tne Commonwealth, with sureties satisfactory 
give bonds, to the governor and council in the sum of two thousand 



APPENDIX. 61 



dollars, conditioned that he shall faithfully perform all keep books, 
his duties and account for all money received by him as &c - 
superintendent, which bond shall be hied in the office 
of the treasurer of the Commonwealth. He shall have 
charge of all the property of the institution within the 
precincts thereof. He shall keep in suitable books com- 
plete accounts of all his receipts and expenditures, and 
of all property intrusted to him, showing the income 
and expenses of the institution ; and he shall account 
to the treasurer in such manner as the trustees may re- 
quire for all money received by him. His books and all 
documents relating to the school shall at all times be 
open to the inspection of the trustees, who shall at 
least once in every six months carefully examine the 
books and accounts and the vouchers and documents 
connected therewith and make a record thereof, He 
shall keep a register, containing the name, age, and cir- 
cumstances connected with the early history of each 
boy, and shall add such facts as come to his knowledge 
relating to his history while at the institution and after 
leaving it. 

Sect. 10. He shall, in writing, make all contracts on Supermten- 
account of the institution, with the approval of the denttomake 
trustees, if their by-laws require it; and he or his sue- &£ rac s ' 
cessor may sue or be sued thereon to final judgment and 
execution. No suit shall abate by reason of the office Suits. 
of superintendent becoming vacant, but any successor 
in office may take upon himself the prosecution or de- 
fence thereof, and upon motion of the adverse party 
and notice he shall be required so to do. 

TREASURER. 

Sect. 11. There shall be a treasurer appointed by Treasurer, 
the governor and council for three years, unless sooner appointment 
removed for sufficient cause, who shall, before entering an on ° * 
upon the discharge of his duties, give a bond to the 
Commonwealth, with sureties satisfactory to the gov- 
ernor and council, in the sum of three thousand dollars, 
conditioned that he shall faithfully account for all money 
received by him as treasurer ; which bond shall be filed 
in the office of the treasurer of the Commonwealth. 



THE MASSACHUSETTS NAUTICAL SCHOOL. 



Sect. 12. The nautical branch of the State Reform Nautical 
School shall be vested in a board of five trustees; it branch 

7 Separate of- 

* Name established by Act 1867, c. 260. 



62 APPENDIX. 

1865, c. 224, shall have separate officers, appointed in like manner, 
§§ l, 2, 5. with like powers and duties, and subject to like obliga- 
tions as similar officers of said school ; and the forego- 
ing provisions shall, so far as applicable, apply to said 
branch, except as is hereinafter otherwise provided. 
Trustees, ap- Sect. 13. The trustees now in office shall continue 
pointment to hold their offices according to the tenor of their com- 
of office U of e missions. The governor, with the advice and consent 
1865, c. 224, of the council', shall annually appoint one trustee for 
§§2,3,4,5. the term of three years from the first Wednesday in 
February, and the Boston Board of Trade and the Bos- 
ton Marine Society shall each annually appoint one 
trustee for the term of one year from said date. Ap- 
pointments to fill vacancies for unexpired terms shall 
be made in the same manner as the original appoint- 
ments. Any. person whose term expires may be reap- 
pointed. The trustees shall receive no compensation 
for their services, but shall be allowed all expenses in- 
curred by them in the discharge of their duties. They 
shall be removable only for sufficient cause. 
— tobeacor- Sect. 14. The trustees shall be a corporation by the 
poration,&c. name of the Trustees of the Nautical Branch of the 
1867, c. 260. State Reform School, for the purpose of taking and 
holding, to themselves and their successors, in trust for 
the Commonwealth, any grant or devise of lands and 
any donation and bequest of money or other personal 
property, made for the use of said institution, and for 
the purpose of preserving and investing the proceeds 
thereof in good securities, with all powers necessary to 
carry said purposes into effect, 
—to have Sect. 15. The trustees shall have the control of the 

control of school-ship and other vessels procured for the institu- 
schooi-ship, tion, and shall cause the boys under their charge to be 
1863, c. 240. instructed in navigation and the duties of seamen. 
1866,' c. 198* They may send any boy upon a voyage at sea, and in 
§ 6. his behalf, enter into any contract necessary therefor; 

and such action shall operate as a discharge of the boy 
from the institution. 
Superinten- Sect. 16. The superintendent shall be master of the 
dent to be school-ship, and may navigate the ship, and any tender 
school °h' the tnere °f> an( i transport the same into and upon any of 
o s ip. .^ p 0r t s and waters of the Commonwealth. 

COMMITTMENTS. 

Commit- Sect. 17. When a boy under the age of sixteen years 

ments to i s brought by a constable, police officer, or other inhab- 
6C itant of this state, before a judge of the probate court, 

or superior court, upon complaint that he has commit- 
ted an offence which may be punished by imprisonment, 
other than imprisonment for life, the judge shall issue 



APPENDIX. 63 

a summons to the father of the boy, if he is living and Proceedings. 
resident within the place where the boy was found, and 1861, c. 200. 
if not, then to his mother if she is living and so resi- ^p Cl lo ^ 
dent ; an£ if there is no such father or mother, to the 1863, c. 199. 
lawful guardian of said boy, if any there is so resident, 1864, c. 202, 
or if not, to the person with whom, according to his y 6 ' 9 c ^ 
own statement and such testimony as shall be received, ' 
he resides ; and if there is no person with whom he 
statedly resides, the judge may appoint some suitable 
person to act in his behalf; requiring him or her to ap- 
pear at a time and place stated in the summons, to show 
cause, if any there is, why said boy shall not be com- 
mitted to the State Reform School or the nautical 
branch thereof. And the judge shall also cause notice 
of the pendency of the complaint to be given to the 
mayor of the city, or to one of the selectmen of the 
town, where the boy resides. 

Sect. 18. At the time mentioned in the summons, Same sub- 
the judge shall proceed to examine the boy and any J' e fi ct - 
party appearing in answer to the summons, and to take 1864 ^ c'262 
such testimony in relation to the case as maybe pro- §§ in- 
duced. If the allegations are proved, and it appears 1869, c. 453. 
that the boy is a suitable subject foresaid school, and 
that his moral welfare and the good of society require 
that he should be sent thereto for instruction, employ- 
ment, or reformation, he shall commit the boy, if below 
the age of fourteen years, to the State Reform School 
or the nautical branch thereof, as he deems best, and if 
above that age to the nautical branch of said school, by 
a warrant in substance as follows : — 

To (A. B.) one of the constables (or police officers) of the city Form of 
(or town) of You are hereby commanded to take charge of warrant. 

C. D., a boy under the age of sixteen years, to wit, of the age 
of as near as can be ascertained, who at the time of his 

arrest resided in and who has been proved to me to be a suitable 
subject for the State Reform School, (or the nautical branch of the 
State Reform School,) and a proper object for its care, discipline 
and instruction, and deliver said boy without delay to the super- 
intendent of said school, or other person in charge thereof, at the 
place where the same is established. And for so doing this shall 
be your sufficient warrant. 

Dated this day of , 18 , at , (in the county 

of , in the Commonwealth of Massachusetts.) 

But no variance from said form shall be deemed ma- 
terial if it sufficiently appears upon the face thereof 
that the boy is committed by the judge in the exercise 
of the powers given to him by this chapter. 

Sect. 19. The judge shall certify in the warrant the Jud<re to 
place in which the boy resided at the time of his arrest, certity resid- 
and such certificate for the purposes of this chapter ^ 1 c ce ' age ' 
shall be conclusive evidence of his residence. He shall 



64 



APPENDIX. 



Service of 
warrant, &c. 

1862, c. 9. 

1863, c. 139, 
§3. 



Duties of 
justice be- 
fore whom 
boy is 
brought for 
trial. 

1863, c. 139, 
§3. 

1863, c. 199. 

1864, c. 202, 
§1. 

1869, c. 453 



Second com- 
mitment. 
1863, c. 199. 



Unfit sub- 
jects may be 
held for trial 
in superior 
court. 
1869, c. 453. 



also state therein the age of the boy, as near as he can 
ascertain. Accompanying the warrant the judge shall 
transmit to the superintendent, by the officer serving it, 
a statement of the substance of the complaint and tes- 
timony given in the case, together with such other par- 
ticulars concerning the boy as the judge is able to 
ascertain. 

Sect. 20. The warrant shall be executed by a con- 
stable or police officer of the place where the case was 
heard. Any summons to appear before a judge as afore- 
said shall be served by a constable or police officer, by 
delivering an attested copy of the same personally to 
the party to whom it is addressed, or leaving it with 
some person of sufficient age at the place of residence 
or business of such party ; and said constable or police 
officer shall immediately make return to same judge of 
the time and manner of such service. 

Sect. 21. When a boy under sixteen years of age is 
brought for trial before a trial justice or police court, 
charged with an ofience which may be punished by im- 
prisonment other than imprisonment for life, and the 
justice or court is of opinion, or any person makes affi- 
davit, that if found guilty he would be a fit and proper 
subject for the state reform school or the nautical branch 
thereof, a decree to that effect shall be entered of record, 
and thereupon such justice or court shall cause notice 
of. the proceedings to be given to the mayor of the city 
or one of the selectmen of the town where the boy re- 
sided at the time of his arrest, and shall by a warrant 
cause the boy to be brought forthwith before the judge 
of the probate court, or a judge of the superior court 
if within the county, and transmit to him the complaint 
and warrant by virtue of which he was arrested. The 
judge shall thereupon have the same jurisdiction and 
powers as if the boy had been brought before him upon 
an original complaint. 

Sect. 22. If a boy previously committed to the school 
is again brought before any judge under the provisions 
of this chapter, the judge may examine the case and 
issue his warrant for committing him to either branch 
of the school without issuing the summons required by 
section seventeen. 

Sect. 23. If the judge is of opinion that a boy brought 
before him is guilty, and is not a fit subject for either 
branch of the school, he shall, if the ofience charged is 
one within the jurisdiction of police courts, sentence 
him to such punishment as is provided by law for the 
ofience, otherwise he shall bind him over to appear 
before the superior court for the same county, as police 
courts may do in like cases. 



APPENDIX. 



65 



Sect. 24. Any boy ordered to be committed to either Appeal, &c. 
branch of the school, or convicted and sentenced as 
aforesaid, may appeal to the superior court; and the 
appeal shall be had, entered, tried, and determined, in 
like manner and subject to like provisions as appeals 
from justices of the peace in criminal cases. 

Sect. 25. The fees and compensation allowed to Fees of 
judges under this chapter shall be the same as by law J ud ges, &c. 
are allowed to justices of the peace ; and all officers serv- 
ing process shall be allowed the same fees as they are 
entitled to for serving process in criminal proceedings. 

Sect. 2Q. When a boy under the age of sixteen years Courts may 
is convicted in the supreme judicial or superior court sentence 
of any oifence which may be punished by imprisonment gchool °&c. 
other than imprisonment for life, the court may sentence L 
him, if below the age of fourteen years, to the state re- 
form school or the nautical branch thereof, as it deems 
best, and if above that age to the nautical branch of 
said school, or in either case to such punishment as is 
otherwise provided by law. Before passing such sen- Notice be- 
tence the court shall cause notice of the pendency of J ore sen " 
the case to be given to the mayor of the city or one of 1864%. 202. 
the selectmen of the town where the boy resided at the §§ 1/2. 
time of his arrest. The provisions of section nineteen 
shall apply to commitments under this section. 

confinement and discharge. 

Sect. 27. Any boy committed to the state reform Term of 
school or the nautical branch thereof shall be there kept, commit- 
disciplined, instructed, employed, and governed, under menfc - 
the direction of the trustees, until he arrives at the age 
of twenty-one years, or is bound out, or discharged as 
reformed, or otherwise legally discharged. The dis- Discharge, 
charge of a boy as reformed, or his being sent on a &c - 
voyage at sea, or arriving at the age of twenty-one 
years, shall be a complete release from all penalties and 
disabilities created by the sentence. 

TRANSFER OF INMATES. 

Sect. 28. By consent of the trustees of the state re- Boys may be 
form school and the nautical branch thereof, or by di- transferred, 
rection of tlte governor, any boy may be transferred by 18 g' 6 c 198 
the superintendent from one institution to the other ; § 6. ' 
but no boy who was an inmate of the school on the 
twenty-sixth day of November in the year eighteen 
hundred and fifty-nine shall be transferred without his 
consent. 



66 APPENDIX. 

SUPPOKT OF INMATES &Y CITIES AND TOWNS. 

Support by Sect. 29. When a boy is committed to either of 
T° W vrV f sa ^ institutions, the city or town wherein he resided at 
kindred 7 ° tne ti me of his arrest shall quarterly on the first days 
of January, April, July, and October, pay to the treas- 
urer of the school fifty cents a week during the time he 
remains therein. And any sum so paid may be recov- 
ered by such city or town of any parent, kindred, or 
guardian liable by law to maintain him, or of the city 
or town in which he has his lawful settlement. 






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